Ohio Supreme Court, 1990

Martin v. Judges of the Lucas County Court of Common Pleas

Ohio Supreme Court · Decided April 4, 1990 · Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright

50 Ohio St. 3d 71; 552 N.E.2d 906; 1990 Ohio LEXIS 139

Cases that cite this one

25 later published cases cite this decision.

State Ex Rel. Delph v. City of Greenfield (Ohio Ct. App. 1991)
State ex rel. Whittington v. Sutula (Ohio Ct. App. 2023)
Perry v. Sweeney (Ohio Ct. App. 2020)
State ex rel. Hubbard v. Bruzzese (Ohio Ct. App. 2020)
State ex rel. Hibbler v. O'Neill (Slip Opinion) (Ohio 2020)
Kociz v. Sweeney (Ohio Ct. App. 2019)
Staffrey v. D'Apolito (Ohio Ct. App. 2018)
Phillips v. Sweeney (Ohio Ct. App. 2016)
O'Connor v. State (Ohio Ct. App. 2016)
State ex rel. Culgan v. Collier (Ohio 2013)
Worley v. Sargus (Ohio Ct. App. 2013)
State ex rel. Engelhart v. Russo (Ohio Ct. App. 2011)
State Ex Rel. Washington v. McMonagle, 91477 (7-30-2008) (Ohio Ct. App. 2008)
State Ex Rel. Carter v. Corrigan, 91895 (9-29-2008) (Ohio Ct. App. 2008)
In re Ohler, Unpublished Decision (3-24-2005) (Ohio Ct. App. 2005)
Purdue v. Cronin, Unpublished Decision (8-30-2004) (Ohio Ct. App. 2004)
State ex rel. Walker v. Koch (Ohio 2003)
State ex rel. Grove v. Nadel (Ohio 1998)
State ex rel. Grove v. Nadel (Ohio 1998)
State ex rel. Garrison v. Brown (Ohio Ct. App. 2026)
State ex rel. McNew v. Ohio Dept. of Rehab. & Corr. (Ohio Ct. App. 2024)
State ex rel. White v. Aveni (Ohio Ct. App. 2024)
State ex rel. Hook-N-Haul, L.L.C. v. Ohio Dept. of Pub. Safety (Ohio Ct. App. 2023)
State Ex Rel. Mayes v. Boyko, Unpublished Decision (5-4-2005) (Ohio Ct. App. 2005)
State Ex Rel. Horton v. Villanueva, Unpublished Decision (5-10-2005) (Ohio Ct. App. 2005)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

In his argument in the court of appeals, appellant apparently sought to vindicate a statutory right to speedy action on his motion for a transcript. Here, he alleges violations of rights via alleged procedural errors in the trial court. Appellant’s assertions of various violations of constitutional and statutory rights have no remedy in procedendo *72or mandamus. The former writ commands a lower court to proceed to judgment; the latter orders a public official to perform a clear legal duty. The record shows that appellees granted appellant’s motion for production of transcript on April 20, 1989, and that it was mailed to him on November 22, 1989. Neither procedendo nor mandamus may compel appellees to perform a duty already performed. State, ex rel. Breaux, v. Court of Common Pleas (1977), 50 Ohio St. 2d 164, 4 O.O. 3d 352, 363 N.E. 2d 743. Therefore, the judgment of the court of appeals is affirmed.

Judgment affirmed.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright and H. Brown, JJ., concur. Resnick, J., not participating.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.