Summary
The Supreme Court of Ohio affirmed dismissal of Lewis Thomas III’s petition for writs of mandamus and procedendo concerning service of a judgment entry under Ohio Civ.R. 58(B). The court held that formal service was unnecessary because the appeal period had not begun to run, so granting mandamus would provide Thomas no benefit. It also held that failure to direct the clerk to serve the entry was not a refusal or delay in proceeding to judgment warranting procedendo.
Topics
Practice areas
Questions Presented
- Whether Thomas was entitled to a writ of mandamus compelling the successor trial judge to direct the clerk to serve the February 25, 2019 judgment entry under Ohio Civ.R. 58(B).
- Whether Thomas was entitled to a writ of procedendo based on the judge's failure to direct the clerk to serve the judgment entry.
- Whether the court of appeals properly dismissed the petition despite relying on an erroneous rationale.
Holdings
- A court need not grant extraordinary relief in mandamus when the relator would receive no benefit from the requested order. Because Thomas could still timely appeal the final, appealable judgment entry without formal service, he was not entitled to mandamus.
- A failure to direct the clerk to serve a judgment entry under Civ.R. 58(B) is not a refusal or delay in proceeding to judgment and does not support a writ of procedendo.
- The Supreme Court will not reverse a correct judgment merely because it rests on an erroneous rationale.
Key quotations
“Granting Thomas his requested writ of mandamus is therefore of no benefit to him.” (¶ 9)
“Judge Nestor’s failure to direct the clerk to serve the judgment entry upon the parties under Civ.R. 58(B) is not a refusal or delay in proceeding to judgment.” (¶ 12)
Factual background
Thomas, who was incarcerated, sought review of a February 25, 2019 judgment entry denying his motion to correct his sentencing entry. The entry did not direct the clerk to serve it on the parties under Ohio Civ.R. 58(B), and Thomas argued that the lack of formal service prevented him from appealing. The Supreme Court concluded that he could still timely appeal because the appeal period had not begun to run, so compelling service would provide him no benefit.
Procedural history
Thomas petitioned the First District Court of Appeals for extraordinary writs compelling Hamilton County Common Pleas Judge Steven Martin, and later Judge Terry Nestor as successor judge, to direct the clerk to serve a February 25, 2019 judgment entry. The court of appeals substituted Judge Nestor and dismissed the petition. The Supreme Court of Ohio affirmed, although it rejected the court of appeals' stated rationale and supplied alternative grounds for dismissal.