State ex rel. Bronczyk v. Gaul

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[Cite as State ex rel. Bronczyk v. Gaul, 2016-Ohio-5335.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 104223 STATE OF OHIO, EX REL. JOSEPH J. BRONCZYK RELATOR vs. HON. DANIEL GAUL, JUDGE RESPONDENT JUDGMENT: WRIT DENIED Writ of Procedendo Motion No. 495047 Order No. 497816 RELEASE DATE: August 5, 2016 FOR RELATOR Joseph J. Bronczyk, pro se Inmate No. A594815 Richland Correctional Institution P.O. Box 8107 Mansfield, Ohio 44901 ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor The Justice Center 1200 Ontario Street Cleveland, Ohio 44113 SEAN C. GALLAGHER, J.: {¶1} Relator, Joseph J. Bronczyk, commenced this procedendo action against the respondent, Judge Daniel Gaul of the Cuyahoga County Common Pleas Court, to compel him to issue a ruling on a motion he filed on November 2, 2015, in State v. Bronczyk, Cuyahoga C.P. No. CR-10-540345-A. Through the motion, Bronczyk was requesting leave to file a delayed motion for a new trial pursuant to Crim.R. 33. {¶2} Respondent moved for summary judgment on the grounds of mootness. Attached to the dispositive motion was a copy of a journal entry, file stamped March 21, 2016, signed by the respondent that denied the motion. This entry establishes that the respondent proceeded to judgment and that the relator has received his requested relief, a judgment. The relator never filed a response to respondent’s motion for summary judgment. This writ action is moot. State ex rel. Fontanella v. Kantos, 117 Ohio St.3d 514, 2008-Ohio-1431, 885 N.E.2d 220, ¶ 6. {¶3} Respondent’s motion for summary judgment is granted, and the application for a writ of procedendo is denied. Respondent to pay costs; costs waived. This court directs the clerk of courts to serve all parties notice of this judgment and its date of entry upon the journal as required by Civ.R. 58(B). {¶4} Writ denied. SEAN C. GALLAGHER, JUDGE EILEEN A. GALLAGHER, P.J., and ANITA LASTER MAYS, J., CONCUR

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