Ohio Supreme Court, 2009

State ex rel. Sevayega v. McMonagle

Ohio Supreme Court · Decided May 28, 2009 · Moyer, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp

2009 Ohio 2367; 122 Ohio St. 3d 54; 907 N.E.2d 1180

Cases that cite this one

14 later published cases cite this decision.

State ex rel. Sawicki v. Court of Common Pleas of Lucas Cty. (Ohio 2010)
Smith v. Pike (Ohio Ct. App. 2014)
State ex rel. White v. Woods (Slip Opinion) (Ohio 2019)
State ex rel. Nye v. Coates (Slip Opinion) (Ohio 2016)
State ex rel. Bevins v. Cooper (Slip Opinion) (Ohio 2016)
State ex rel. Moore v. Cuyahoga Cty. Court of Common Pleas (Ohio Ct. App. 2016)
State ex rel. Cornwall v. Sutula (Slip Opinion) (Ohio 2016)
State ex rel. Huntington Natl. Bank v. Kontos (Slip Opinion) (Ohio 2015)
State ex rel. Elkins v. Fais (Ohio 2015)
State ex rel. Smith v. McGee (Ohio 2015)
State ex rel. Moorer v. Donnelly (Ohio Ct. App. 2014)
State ex rel. Montanez v. Sutula (Ohio Ct. App. 2014)
State ex rel. Ward v. Reed (Slip Opinion) (Ohio 2014)
State ex rel. Rose v. McGinty (Ohio 2011)

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

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the complaint of appellant, Reginald D. Sevayega, for a writ of procedendo. A writ of procedendo will not issue to compel the performance of a duty that has already been performed. State ex rel. Howard v. Show, 102 Ohio St.3d 423, 2004-Ohio-3652, 811 N.E.2d 1128, ¶ 9. Moreover, insofar as Sevayega contests the propriety of the ruling he received on his postconviction motion, he had an adequate remedy in the ordinary course of law by way of appeal. Extraordinary relief in procedendo will not be granted if there is an adequate remedy in the ordinary course of law. State ex rel. George v. Burnside, 118 Ohio St.3d 406, 2008-Ohio-2702, 889 N.E.2d 533, ¶ 7.

Judgment affirmed.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur. *55 William D. Mason, Cuyahoga County Prosecuting Attorney, and Pamela Bolton, Assistant Prosecuting Attorney, for appellee. D. Jim Brady, amicus curiae.

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