State ex rel. Mooney v. Irving

Annotate this Case

Download PDF

[Cite as State ex rel. Mooney v. Irving, 2011-Ohio-686.] COURT OF APPEALS HOLMES COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO, EX REL. SANDRA L. MOONEY Relator JUDGES: Hon. John W. Wise, P. J. Hon. Julie A. Edwards, J. Hon. Patricia A. Delaney, J. -vsJANE IRVING, JUDGE OF THE HOLMES COUNTY MUNICIPAL COURT Respondent Case No. 10 CA 021 OPINION CHARACTER OF PROCEEDING: Petition for Writ of Procedendo JUDGMENT: Denied DATE OF JUDGMENT ENTRY: February 15, 2011 APPEARANCES: For Relator For Respondent JOSEPH F. SALZGEBER Post Office Box 799 Brunswick, Ohio 44212-0799 STEPHEN D. KNOWLING PROSECUTING ATTORNEY CHRISTINE C. WILLIAMS ASSISTANT PROSECUTOR 164 East Jackson Street Millersburg, Ohio 44654 Holmes County, Case No. 10 CA 021 2 Wise, P. J. {¶1} Relator, Sandra Mooney, has filed a petition requesting this Court issue a writ of procedendo compelling Judge Jane Irving of the Holmes County Municipal Court to issue a sentencing entry in Case Number CRB 0800431. {¶2} The instant complaint was filed on November 9, 2010. The trial court issued a ruling on the motion in the criminal cases on September 14, 2010, however, it does not appear Relator was aware of the fact the entry had been issued. Since the filing of this Complaint, Relator has become aware of the entry and was granted leave to pursue a delayed appeal in Holmes County Case Number 10CA22. Despite having been granted leave to pursue the appeal, Relator has not dismissed the instant case, therefore, we will address the merits of the petition. {¶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 procedendo is moot and deny the Petition. Holmes County, Case No. 10 CA 021 {¶5} PETITION DENIED. {¶6} COSTS TO RELATOR. {¶7} 3 IT IS SO ORDERED. By: Wise, P. J. Edwards, J., and Delaney, J., concur. ___________________________________ ___________________________________ ___________________________________ JUDGES JWW/d 0114 Holmes County, Case No. 10 CA 021 4 IN THE COURT OF APPEALS FOR HOLMES COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO, EX REL. SANDRA L. MOONEY Relator -vsJANE IRVING, JUDGE OF THE HOLMES COUNTY MUNICIPAL COURT Respondent : : : : : : : : : : : JUDGMENT ENTRY Case No. 10 CA 021 For the reasons stated in our accompanying Memorandum-Opinion, the petition for writ of procedendo is moot and the petition is denied. Costs assessed to Relator. ___________________________________ ___________________________________ ___________________________________ JUDGES

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.