In re Williams v. Pianka

[Cite as In re Williams v. Pianka, 2012-Ohio-5518.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 98760

IN RE: LAWRENCE WILLIAMS RELATOR

vs.

RAYMOND PIANKA, AS JUDGE, ETC. RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion No. 458342 Order No. 460163

RELEASE DATE: November 28, 2012

FOR RELATOR

Lawrence Williams, pro se 17701 Rookwood Circle Cleveland, Ohio 44112

ATTORNEYS FOR RESPONDENT

Barbara A. Langhenry Interim Director of Law

By: Joseph F. Scott Chief Assistant Director of Law City of Cleveland City Hall, Room 106 601 Lakeside Avenue Cleveland, Ohio 44114-1077

EILEEN A. GALLAGHER, J.:

{¶1} Lawrence Williams has filed a complaint for a writ of mandamus. Williams seeks an order from this court that requires Judge Raymond Pianka to issue a ruling with regard to an “emergency motion for temporary restraining order, injunction and stay of eviction” as filed in Cleveland M.C. No. 2012-CVG-010936. Judge Pianka has filed a motion for summary judgment, which is granted for the following reasons.

{¶2} Initially, we find that Williams’ complaint for a writ of mandamus is defective, because it is improperly captioned. The complaint for a writ of mandamus must be brought in the name of the state on relation of the person applying. R.C. 2731.04; Maloney v. Court of Common Pleas of Allen Cty., 173 Ohio St. 226, 181 N.E.2d 270 (1962); Gannon v. Gallagher, 145 Ohio St. 170, 60 N.E.2d 666 (1945).

{¶3} Finally, Williams’ request for a writ of mandamus is moot. The underlying action, forcible entry and detainer, has concluded and Williams has been evicted from the residential property in question. See affidavit of Judge Pianka attached to the motion for summary judgment. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 658 N.E.2d 723 (1996); State ex rel. Snider v. Stapleton, 65 Ohio St.3d 40, 600 N.E.2d 240 (1992); State ex rel. Richard v. Wells, 64 Ohio St.3d 76, 591 N.E.2d 1240 (1992); State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983).

{¶4} Accordingly, we grant Judge Pianka’s motion for summary judgment. Williams to pay costs. The court directs the clerk of court to serve all parties with notice of this judgment and its date of entry upon the journal as required by Civ.R. 58(B).

{¶5} Writ denied.

EILEEN A. GALLAGHER, JUDGE

MELODY J. STEWART, P.J., and MARY EILEEN KILBANE, J., CONCUR