State ex rel. Buoscio v. Koch

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[Cite as State ex rel. Buoscio v. Koch, 2006-Ohio-6035.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 88819 STATE OF OHIO EX REL., SAMUEL L. BUOSCIO RELATOR vs. JUDGE JUDITH KILBANE KOCH RESPONDENT JUDGMENT: WRIT DENIED WRIT OF MANDAMUS MOTION NO. 389120 ORDER NO. 389200 RELEASE DATE: November 15, 2006 ATTORNEY FOR RELATOR: -i- Samuel L. Buoscio Inmate No. 243-856 1001 Olivesburg Road Mansfield, Ohio 44901-8107 ATTORNEY FOR RESPONDENT: William D. Mason Cuyahoga County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 JUDGE CHRISTINE T. MCMONAGLE.: {¶1} On October 3, 2006, relator Samuel L. Buoscio commenced this mandamus action against respondent Judge Judith Kilbane Koch to compel her to rule on his Civ.R. 60(B) motion filed in Buoscio v. Hildebrand, Cuyahoga County Court of Common Pleas Case No. CV-05-552534 on March 29, 2006. On October 15, 2006, respondent filed a motion for summary judgment. For the following reason, we grant the motion for summary judgment. {¶2} Attached to respondent s motion for summary judgment is a copy of the lower court docket which indicates that Judge Kilbane Koch denied Buoscio s Civ.R. 60(B) motion on April 12, 2006. Thus, the relator s request for a writ of mandamus is moot. State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163; State ex rel. Jerningham v. Cuyahoga County Court of Common Pleas (1996), 74 Ohio St.3d 278, 658 N.E.2d 723. 3 {¶3} Accordingly, we deny relator s petition for a writ of mandamus. It is further ordered that the clerk shall serve upon all parties notice of this judgment and date of entry pursuant to Civ.R. 58(B). Writ denied. CHRISTINE T. MCMONAGLE, JUDGE ANN DYKE, A.J., and ANTHONY O. CALABRESE, JR., J., CONCUR

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