State ex rel. Lisboa v. Calabrese

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[Cite as State ex rel. Lisboa v. Calabrese, 2010-Ohio-5375.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 95525 STATE OF OHIO, EX REL. JOSE LISBOA RELATOR vs. DEENA R. CALABRESE, JUDGE RESPONDENT JUDGMENT: WRIT DENIED Writ of Procedendo Motion No. 437459 Order No. 438444 RELEASE DATE: November 3, 2010 2 FOR RELATOR Jose C. Lisboa, pro se Rua Santo Amaro, 320 Guaruja, Sao Paulo Brasil 11410-070 ATTORNEYS FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor By: Charles E. Hannan, Jr. Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 JAMES J. SWEENEY, J.: {¶ 1} Relator, Jose Lisboa, requests that this court compel respondent judge to issue a ruling on various motions filed by relator in Lisboa v. Lisboa, Cuyahoga County Court of Common Pleas Case No. CV-694524 in 2009 and as recently as June 29, 2010. Relator, Jose Lisboa, is the plaintiff in Case No. CV-694524, which has been assigned to respondent. {¶ 2} Respondent has filed a motion for summary judgment attached to which is a copy of the journal entry dismissing Case No. CV-694524 and received for filing by the clerk on August 16, 2010. In that entry, respondent also disposed of the motions identified by Lisboa in his complaint and accompanying 3 affidavit. Relator has not opposed the motion. Respondent argues that this action in procedendo is, therefore, moot. We agree. {¶ 3} Accordingly, respondent's motion for summary judgment is granted. Respondent to pay 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. JAMES J. SWEENEY, JUDGE MARY EILEEN KILBANE, P.J., and MELODY J. STEWART, J., CONCUR

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