Murray v. Cuyahoga County Common Pleas Court, 92562 (2-17-2009)
Murray v. Cuyahoga County Common Pleas Court, 92562 (2-17-2009)
Opinion of the Court
{¶ 2} On January 12, 2009, the respondent moved for summary judgment on the grounds of mootness. Attached to the dispositive motion was a copy of a *Page 3
certified journal entry, file-stamped January 6, 2009, in the underlying case, granting Murray 110 days of credit. This journal entry establishes that Murray has received his requested relief and that the action is, therefore, moot. State ex rel. Corder v. Wilson (1991),
{¶ 3} Additionally, the relator failed to support his complaint with an affidavit "specifying the details of the claim" as required by Local Rule 45(B)(1)(a). A "swear to everything" affidavit, in which the affiant says that the statements in the complaint are true, does not specify the details of the claim. State ex rel. Wilson v. Calabrese (Jan. 18, 1996), Cuyahoga App. No. 70077, unreported and State ex rel.Smith v. McMonagle (July 17, 1996), Cuyahoga App. No. 70899, unreported.
{¶ 4} The relator has also failed to comply with R.C.
{¶ 5} Accordingly, the court grants the respondent's motion for summary judgment and denies the writ. Costs assessed against relator. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ. R. 58(B).
*Page 1FRANK D. CELEBREZZE, JR., J., and LARRY A. JONES, CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.