Smith v. ExpressJet Airlines, Inc.

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[Cite as Smith v. ExpressJet Airlines, Inc., 2014-Ohio-2983.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 100832 KRISTIN SMITH PLAINTIFF-APPELLANT vs. EXPRESSJET AIRLINES, INC., ET AL. DEFENDANTS-APPELLEES JUDGMENT: DISMISSED Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-12-783822 BEFORE: Blackmon, J., Jones, P.J., and E.T. Gallagher, J. RELEASED AND JOURNALIZED: June 5, 2014 ATTORNEYS FOR APPELLANTS Chastity L. Christy Caryn M. Groedel Caryn Groedel & Associates Co., L.P.A. 31340 Solon Road, Suite 27 Solon, Ohio 44139 ATTORNEYS FOR APPELLEES Thomas Evan Green Julie A. Trout Kastner Westman & Wilkins L.L.C. 3480 West Market Street Suite 300 Akron, Ohio 44333 Buena Vista Lyons 1601 Elm Street Suite 4450 Dallas, Texas 75201 Sarah Pierce Wimberly 271 17th Street N.W. Suite 1900 Atlanta, Georgia 30327 PATRICIA ANN BLACKMON, J.: {¶1} Appellant Kristin Smith ( Smith ) appeals the trial court s order compelling her to produce her medical information and records. For the reasons that follow, the appeal is dismissed as moot. {¶2} While the discovery matter was pending on appeal, a motion for summary judgment filed by appellees was pending before the trial court. On April 8, 2014, the trial court granted the summary judgment in favor of appellees based on grounds that did not rely on the disputed materials at issue in this appeal. Therefore, this appeal is rendered moot. Appellate courts will not review questions that do not involve live controversies. See Tschantz v. Ferguson, 57 Ohio St.3d 131, 133, 566 N.E.2d 655 (1991). Accordingly, we dismiss Smith s appeal. {¶3} Appeal dismissed. It is ordered that appellees recover from appellant costs herein taxed. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. PATRICIA ANN BLACKMON, JUDGE LARRY A. JONES, SR., P.J., and EILEEN T. GALLAGHER, J., CONCUR

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