State ex rel. Quinonez v. Turner

Citations

• 2023 Ohio 1822

Syllabus

Procedendo, pending motion, moot, adequate remedy in the ordinary course of the law. The trial court judge has issued a ruling with regard to the relator's pending motion. Thus, the request for procedendo is moot. In addition, to be entitled to the issuance of a writ of procedendo, the relator must satisfy three elements: (1) that he has no plain and adequate remedy at law (2) he has a clear legal right to the relief sought and (3) respondent has a legal duty to perform the requested act. State ex rel. Howard v. Ferreri, 70 Ohio St.3d 587, 589, 639 N.E.2d 1189 (1994). The Supreme Court of Ohio has held that a direct appeal from a judgment of a trial court constitutes an adequate remedy at law, preventing this court from granting a writ of procedendo.