State ex rel. Lisboa v. McCafferty
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[Cite as State ex rel. Lisboa v. McCafferty, 2009-Ohio-5243.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 93535 STATE OF OHIO, EX REL., JOSE LISBOA RELATOR vs. BRIDGET M. MCCAFFERTY, JUDGE RESPONDENT JUDGMENT: WRIT DENIED WRIT OF PROCEDENDO MOTION NO. 425485 ORDER NO. 426516 RELEASE DATE: September 28, 2009 FOR RELATOR Jose Lisboa, pro se Rua Santo Amaro 320, Guaruja Sao Paulo, Brasil 11410-070 ATTORNEYS FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor By: James E. Moss Assistant Prosecuting Attorney the Justice Center, 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 SEAN C. GALLAGHER, P.J.: {¶ 1} On June 26, 2009, the relator, Jose Lisboa, commenced this procedendo action against the respondent, Judge Bridget McCafferty, to compel the judge to rule on his motion for return of property which he filed in the underlying case, State v. Lisboa, Cuyahoga County Common Pleas Court Case No. CR-451451 on May 28. 2008. On August 19, 2009, the respondent moved for summary judgment on the grounds of mootness. Attached to the dispositive motion was a copy of a certified journal entry, file-stamped August 14, 2009, in the underlying case, denying Lisboa s motion for return of property.1 This journal 1 The presence of a typographical error does not nullify the respondent s ruling. The August 14, 2009 order states that the motion for return of property was filed on entry establishes that Lisboa has received his requested relief, a ruling on his motion, and that this procedendo action is moot. Lisboa never filed a timely response to the motion for summary judgment. {¶ 2} Accordingly, the court grants the respondent s motion for summary judgment and denies the writ. Each side to bear its own costs. The clerk is {¶ 3} directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B). Writ denied. SEAN C. GALLAGHER, PRESIDING JUDGE MARY EILEEN KILBANE, J., and JAMES J. SWEENEY, J., CONCUR May 28, 2009. However, the docket shows that Lisboa s only motion for return of property was filed on May 28, 2008.
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