Limbach v. Henson

Annotate this Case

Download PDF

[Cite as Limbach v. Henson, 2011-Ohio-1467.] COURT OF APPEALS RICHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT PAUL R. LIMPACH Petitioner -vsJUDGE JAMES D. HENSON Respondent JUDGES: Hon. W. Scott Gwin, P.J. Hon. Julie A. Edwards, J. Hon. Patricia A. Delaney, J. : : : : : : : : : Case No. 2010-CA-132 OPINION CHARACTER OF PROCEEDING: Writ JUDGMENT: Dismissed DATE OF JUDGMENT ENTRY: March 24, 2011 APPEARANCES: For: Petitioner For: Respondent PAUL L. LIMPACH PRO SE Marion Correctional Institute BOX 57 MARION, OH 43301 KIRSTEN PSCHOLKA-GARTNER Assistant Richland County Prosecutor 38 South Park, 2nd Floor Mansfield, OH 44902 [Cite as Limbach v. Henson, 2011-Ohio-1467.] Gwin, P.J. {¶1} Petitioner, Paul R. Limpach, has filed a petition requesting this Court issue a writ of procedendo compelling Judge James Henson of the Richland County Court of Common Pleas to rule on Petitioner s Motion to Return Property. This motion was filed in Richland County on April 30, 2010. The instant complaint was filed on November 18, 2010. The trial court issued a ruling on the motion in the criminal case on December 8, 2010. {¶2} Respondent has filed a motion to dismiss the petition based upon the petition being made moot because the trial court has now issued on a ruling on the motion. {¶3} The Supreme Court has held, Neither procedendo nor mandamus will compel the performance of a duty that has already been performed. State ex rel. Grove v. Nadel (1998), 84 Ohio St.3d 252, 253, 703 N.E.2d 304, 305. State ex rel. Kreps v. Christiansen (2000), 88 Ohio St.3d 313, 318, 725 N.E.2d 663, 668. {¶4} Because the requested relief has already been obtained, we find the petition for writ of mandamus is moot and grant Respondent s motion to dismiss. {¶5} MOTION TO DISMISS GRANTED. {¶6} CAUSE DISMISSED. Richland County, Case No. 2010-CA-132 {¶7} COSTS TO RELATOR. {¶8} 3 IT IS SO ORDERED. By Gwin, P.J., Edwards, J., and Delaney, J., concur _________________________________ HON. W. SCOTT GWIN _________________________________ HON. JULIE A. EDWARDS WSG:clw 0307 _________________________________ HON. PATRICIA A. DELANEY [Cite as Limbach v. Henson, 2011-Ohio-1467.] IN THE COURT OF APPEALS FOR RICHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT PAUL R. LIMPACH Petitioner -vsJUDGE JAMES D. HENSON Respondent : : : : : : : : : : : JUDGMENT ENTRY CASE NO. 2010-CA-132 For the reasons stated in our accompanying Memorandum-Opinion, the motion to dismiss is granted. Costs to Petitioner. _________________________________ HON. W. SCOTT GWIN _________________________________ HON. JULIE A. EDWARDS _________________________________ HON. PATRICIA A. DELANEY

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.