State ex rel. Izquierdo v. Krichbaum

Citations

• 2026 Ohio 64

Syllabus

original action; petition for writ of mandamus; pro se relator; motion to dismiss for failure to state a claim; Civ.R. 12(B)(6); standard of review; court may consider evidence outside petition when subsequent event renders case moot; relief sought to compel trial court to rule on pending motions sounds more appropriately in procedendo than mandamus; elements of procedendo; clear legal right to require respondent to proceed; clear legal duty to proceed; lack of adequate remedy in ordinary course of law; mootness; procedendo and mandamus claims become moot when respondent performs duty requested; trial court ruled on all pending motions during pendency of petition; neither mandamus nor procedendo will compel performance of duty already performed; extraordinary writs not appropriate to control judicial discretion or challenge substance of rulings; availability of appeal precludes mandamus relief; R.C. 2731.05; request for sanctions under Civ.R. 11; subjective bad-faith standard; record did not support finding of willful misrepresentation where relator not served with judgment entry pursuant to Civ.R. 58(B); sanctions denied; proper disposition when writ claim is moot is to deny writ rather than dismiss petition; motion to dismiss denied in part as moot; motion to dismiss denied as to sanctions; writ denied.