2021 Ohio 2822
Ohio2021Background
- Relator Damian Carlton filed a mandamus complaint (Jan 2021) asking the Ohio Supreme Court to order Hamilton County Common Pleas Judge Thomas Heekin to direct the county clerk to mail Carlton a judgment entry.
- The challenged judgment entry was the trial-court denial (June 30, 2020) of Carlton’s motion to vacate costs and fines; Carlton alleged he never received a mailed copy and needed it to perfect an appeal.
- In April 2021 the court denied Judge Heekin’s motion to dismiss and issued an alternative writ.
- Judge Heekin later submitted evidence of a May 3, 2021 trial-court entry directing the clerk to serve Carlton with the June 30, 2020 judgment entry.
- Because the judge had performed the act Carlton sought, the court held the mandamus claim moot and denied the writ as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Should a writ of mandamus compel the judge to direct the clerk to mail the judgment entry? | Carlton: He needs a mailed copy to have notice of denial and to appeal. | Heekin: The judge has since directed the clerk to serve the entry. | Denied as moot; mandamus will not compel an act already performed. |
Key Cases Cited
- State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 658 N.E.2d 723 (Ohio 1996) (writ of mandamus will not issue to compel an act already performed)
