Moss v. McLaughlin

[Cite as Moss v. McLaughlin, 2021-Ohio-2744.]

STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT )

HEDY L. MOSS C.A. No. 30010

Relator

v.

JUDGE KELLY MCLAUGHLIN ORIGINAL ACTION IN Respondent MANDAMUS

Dated: August 11, 2021

PER CURIAM.

{¶1} Relator, Hedy L. Moss, has petitioned this Court for a writ of mandamus to compel Respondent, Judge Kelly McLaughlin, to issue a final, appealable, order in her criminal case. Respondent has moved to dismiss as moot and provided this Court with a copy of the trial court docket demonstrating both that the requested order has been filed and that Ms. Moss, through counsel, has filed a notice of appeal of that order. Because the requested order has been filed, Ms. Moss’ claim is moot, and this Court dismisses her petition.

{¶2} To obtain a writ of mandamus, Ms. Moss must demonstrate that she has a clear legal right to the relief requested, that Respondent has a clear legal duty to provide it, and that there is no adequate remedy available in the ordinary course of law. State ex

C.A. No. 30010 Page 2 of 3

rel. Waters v. Spaeth, 131 Ohio St.3d 55, 2012-Ohio-69, ¶ 6. It is well-settled that mandamus will not “compel the performance of a duty that has already been performed.” State ex rel. Grove v. Nadel, 84 Ohio St.3d 252, 253, 1998-Ohio-541.

{¶3} Ms. Moss sought the writ of mandamus to order Respondent to issue a final, appealable, order in her criminal case. This Court may consider evidence outside the complaint to determine that an action is moot. State ex rel. Nelson v. Russo, 89 Ohio St.3d 227, 228 (2000). According to the motion to dismiss, and the trial court docket, Judge McLaughlin has filed the requested order. Accordingly, this matter is moot.

{¶4} Because Ms. Moss’ claim is moot, the complaint is dismissed. Costs are taxed to relator.

{¶5} The clerk of courts is hereby directed to serve upon all parties not in default notice of this judgment and its date of entry upon the journal. See Civ.R. 58(B).

DONNA J. CARR FOR THE COURT

HENSAL, J. SUTTON, J. CONCUR.

C.A. No. 30010 Page 3 of 3

APPEARANCES: HEDY L. MOSS, Pro se, Relator.

SHERRI BEVAN WALSH, Prosecuting Attorney, and RAYMOND J. HARTSOUGH and JOHN GALONSKI, Assistant Prosecuting Attorneys, for Respondent.