State ex rel. Wood v. Corrigan

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[Cite as State ex rel. Wood v. corrigan, 2010-Ohio-5149.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 95613 STATE OF OHIO, EX REL. JOHN WOOD RELATOR vs. JUDGE PETER J. CORRIGAN, ET AL. RESPONDENT JUDGMENT: WRIT DENIED Writ of Procedendo Motion No. 437847 Order No. 438204 RELEASE DATE: October 19, 2010 2 FOR RELATOR John Wood, pro se 281 Corning Drive Bratenahl, Ohio 44108 ATTORNEYS FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor By: Charles E. Hannan Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 FRANK D. CELEBREZZE, JR., J.: {¶ 1} Relator, John Wood, requests that this court issue a writ of procedendo compelling respondent magistrate to issue findings of fact and conclusions of law with respect to the denial of his motion for default judgment in Wood v. Fillinger, Cuyahoga County Court of Common Pleas Case No. CV-713348. Wood filed a motion for findings of fact and conclusions of law on March 18, 2010. After respondent magistrate had not issued findings of fact and 3 conclusions of law, respondent judge denied Wood s motion to compel the magistrate to issue findings of fact and conclusions of law. {¶ 2} Wood commenced this action on August 26, 2010. Respondents have filed a motion for summary judgment attached to which is a copy of the findings of fact and conclusions of law issued by the magistrate and received for filing by the clerk on September 2, 2010. Wood has filed a response and acknowledges that this action is moot. {¶ 3} Accordingly, respondent's motion for summary judgment is granted. Each party to bear his own costs. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B). Writ denied. FRANK D. CELEBREZZE, JR., JUDGE CHRISTINE T. MCMONAGLE, P.J., and PATRICIA A. BLACKMON, J., CONCUR

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