State ex rel. Petway v. Croce

Summary

The Ninth District Court of Appeals of Ohio dismissed Devon Petway’s petition for a writ of procedendo, or alternatively limited mandamus, against Judge Christine Croce. The court held that the claims were moot because the judge had conducted the charging-lien hearing, ruled on the pending motions, ordered distribution of settlement funds, and addressed the requested relief. The court denied all other outstanding motions and taxed costs to Petway.

Holdings

1. Procedendo will not issue to compel performance of duties that the respondent court has already performed because doing so would require a vain act.
2. The procedendo claim was moot because the requested hearing, rulings, and distribution of settlement funds had already occurred.
3. A relator seeking procedendo must establish a clear legal right to require the respondent to proceed, a clear legal duty to proceed, and no adequate remedy in the ordinary course of law.

Questions Presented

1. Whether procedendo could compel the respondent judge to rule on pending motions and address ADA accommodations when the underlying hearing had occurred and the motions had been resolved.
2. Whether the relator's procedendo claim was moot because the duties she sought to compel had already been performed.

Disposition

dismissed