Javitch Block, L.L.C. v. Shaughnessy

Citations

• 2021 Ohio 436

Syllabus

Mandamus, procedendo, App.R. 9(C) statement, moot, R.C. 2731.03, judicial discretion. In order to obtain a writ of mandamus, it must be demonstrated that (1) the relator possesses a clear legal right to the relief requested, (2) that the respondent possesses a clear legal duty to provide the requested relief, and (3) there exists no other adequate remedy in the ordinary course of the law. To be entitled to a writ of procedendo, the relator must show (1) a clear legal right to require the respondent to proceed to judgment, (2) a clear legal duty on the part of the respondent to proceed to judgment, and (3) the lack of an adequate remedy in the ordinary course of the law. Herein, the relator seeks mandamus and procedendo to compel the respondent-judge to rule on a pending motion to settle and approve an App.R. 9(C) statement of proceedings and also enter a sealing order and transmit a sealed exhibit as part of the record in a pending appeal. Attached to the respondent-judge's motion to dismiss are copies of judgment entries that demonstrate settlement and approval of the submitted App.R. 9(C) statement, that the document submitted for in camera inspection was ordered sealed for the purposes of the pending appeal, and ordered the clerk of courts to transmit the sealed document to the court of appeals. Neither procedendo nor mandamus will compel the performance of a duty already performed. The relator's complaint for mandamus and procedendo is moot. In addition, mandamus may not be employed by the relator to control the respondent-judge's judicial discretion when settling the App.R. 9(C) statement. Finally, this court, in the exercise of its original jurisdiction, will not entertain questions regarding the form and content of an App.R. 9(C) statement. Such questions can only be addressed on appeal.