State ex rel. Cornely v. McCall

Citations

• 2020 Ohio 4384

Syllabus

Procedendo motion for stay App.R. 8 transfer of jurisdiction principle and adequate remedy at law. The court issued the writ of procedendo to compel the respondent judge to rule on an outstanding motion for stay of sentence under App.R. 8. That rule vests the trial court judge with jurisdiction to rule on the motion, and the transfer of jurisdiction principle did not deprive the trial judge of jurisdiction to rule on it. The subject motion was a motion for stay and not a motion to modify judgment. Appeal of the underlying sentence is not an adequate remedy at law for refusing to rule on a motion to stay that sentence.