Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Per Curiam.
{¶ 1} This is an appeal from a judgment of the court of appeals denying a petition filed by appellant, Floyd Rose, for writs of procedendo and mandamus.
{¶ 2} We affirm the judgment of the court of appeals because Rose does not challenge all of the independent reasons given by that court to deny the writs. State ex rel. Schmidt v. School Emps. Retirement Sys., 100 Ohio St.3d 317, 2003-Ohio-6086, 798 N.E.2d 1088, ¶ 5; Stewart v. Corrigan, 97 Ohio St.3d 80, 2002-Ohio-5316, 776 N.E.2d 103, ¶ 4. That is, Rose does not contest the propriety of the court of appeals' denial of the writs based on his failure to comply with Loc.App.R. 45(B)(1) of the Eighth District Court of Appeals. Moreover, Judge McGinty has now ruled on Rose's August 8, 2008 motion in Cuyahoga C.P. case No. CR-07-492008-B. “Neither procedendo nor mandamus will compel the performance of a duty that has already been performed.” State ex rel. Kreps v. Christiansen (2000), 88 Ohio St.3d 313, 318, 725 N.E.2d 663.
Judgment affirmed.
PER CURIAM.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 2009-0464.
Decided: August 18, 2009
Court: Supreme Court of Ohio.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)