Cornecelli v. McFaul

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[Cite as Cornecelli v. McFaul, 2002-Ohio-4285.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA No. 81467 CARLA CORNECELLI, : ORIGINAL ACTION Relator : JOURNAL ENTRY : AND : OPINION vs. GERALD T. MCFAUL, SHERIFF Respondent : : DATE OF JOURNALIZATION : AUGUST 22, 2002 CHARACTER OF PROCEEDING : WRIT OF HABEAS CORPUS JUDGMENT : DISMISSED APPEARANCES: For Relator: FREDERIC E. KRAMER McNeal, Schick, Archibald & Biro Co., L.P.A. Van Sweringen Aracade 123 Prospect Avenue-#250 Cleveland, Ohio 44115 For Respondent: WILLIAM D. MASON Cuyahoga County Prosecutor CHRISTOPHER J. RUSS Assistant County Prosecutor Justice Center - Courts Tower 1200 Ontario Street-8th Floor Cleveland, Ohio 44113 2 ANNE L. KILBANE, J.: {¶1} Sua sponte, we dismiss the above-captioned habeas corpus action as moot. The response of the Sheriff states that he released Carla Cornecelli on June 26, 2002, pursuant to this court s order. Moreover, a review of the docket of the underlying case, that reveals the case was settled and dismissed with prejudice at defendant s costs Ricardo Montalvo v. Giovanna Oravec (June 28, 2002), Cuyahoga County Common Pleas Case No. CV01431117. That appears to render the underlying contempt matter moot as well. {¶2} This habeas corpus action is dismissed. 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). COLLEEN CONWAY COONEY, J. AND DIANE KARPINSKI, J. CONCUR ANNE L. KILBANE PRESIDING JUDGE

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