State ex rel. White v. Aveni

Citations

• 239 N.E.3d 344
• 2024 Ohio 1614
• 175 Ohio St. 3d 161

Syllabus

Mandamus—Procedendo—Mootness—Judicial notice—Vexatious litigators—A writ of mandamus can be used to compel a court to issue a decision, but a writ of procedendo is the more appropriate remedy because an inferior court's failure to timely dispose of a pending action is the ill a writ of procedendo is designed to remedy—The record does not support a conclusion that trial court ruled on appellant's hanging-charge motion and therefore mooted his claim for extraordinary relief regarding that motion—Court of appeals erred in determining that trial court's docket entry itself disposed of hanging-charge motion—Judicial-notice requests did not involve facts generally known or capable of accurate determination—Request to declare appellant a vexatious litigator denied based on lack of precedent in which this court declared a party a vexatious litigator under S.Ct.Prac.R. 4.03(B) when party had prevailed—Court of appeals' judgment affirmed in part and reversed in part and cause remanded.