State ex rel. L.A.S. v. Smith
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[Cite as State ex rel. L.A.S. v. Smith, 2015-Ohio-5584.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT SANDUSKY COUNTY State of Ohio, ex rel. L.A.S. Court of Appeals No. S-15-027 Relators v. Judge Brad Smith Respondent DECISION AND JUDGMENT Decided: December 30, 2015 ***** Alan R. McKean and Martin D. Carrigan, for relators. Thomas L. Stierwalt, Sandusky County Prosecuting Attorney, and Norman P. Solze, Assistant Prosecuting Attorney, for respondent. ***** SINGER, J. {¶ 1} This matter is before the court upon the complaint of relator, L.A.S., Laura A. Smith, trustee of the Isabelle Hilt Trust Agreement, and Bree Noblitt-Brown, guardian of the person and estate of Isabelle A. Hilt, for a writ of procedendo to compel the Sandusky County Probate Judge, Hon. Brad Smith, to approve or reject a consent judgment entry proposed by the parties and timely submitted on June 29, 2015. {¶ 2} We issued an alternative writ ordering respondent to do the act requested by relator in the petition or show cause why respondent is not required to do so by filing an answer to relators’ petition. A consent judgment entry was entered in the lower court proceedings on December 18, 2015. Respondent has filed a motion to dismiss this action because the action relator sought has been accomplished. Because respondent has done the act requested in the petition, we find his motion well-taken. This original action is hereby dismissed. Costs are assessed against respondent. Mark L. Pietrykowski, J. _______________________________ JUDGE Arlene Singer, J. Thomas J. Osowik, J. CONCUR. _______________________________ JUDGE _______________________________ JUDGE This decision is subject to further editing by the Supreme Court of Ohio’s Reporter of Decisions. Parties interested in viewing the final reported version are advised to visit the Ohio Supreme Court’s web site at: http://www.sconet.state.oh.us/rod/newpdf/?source=6. 2.
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