State Ex Rel. Gilbert v. City of Cincinnati

Ohio Supreme Court May 27, 2009

State Ex Rel. Gilbert v. City of Cincinnati, 2009 Ohio 2360 (Ohio 2009)

122 Ohio St. 3d 32; 907 N.E.2d 723

Moyer, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp

Opinion

{¶ 1} This cause is before the court upon appellants’ appeal from a judgment of the court of appeals denying a writ of mandamus.

{¶ 2} On June 12, 2008, we granted appellants’ motion for a partial remand to allow the court of appeals to rule on the motion for relief from judgment that appellants had filed in that court. The court of appeals subsequently granted the motion for relief from judgment and, on March 13, 2009, granted the writ of mandamus sought by appellants. State ex rel. Gilbert v. Cincinnati, Hamilton App. No. C-070166, 2009-Ohio-1078, 2009 WL 636541.

{¶ 3} Accordingly, this cause is dismissed as moot.

*33 Manley Burke, L.P.A., Matthew W. Fellerhoff, and Daniel J. McCarthy, for appellants. Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.

Reference

Full Case Name: The State Ex Rel. Gilbert Et Al., Appellants, v. City of Cincinnati Et Al., Appellees
Status: Published