State ex rel. Cornely v. McCall
2020 Ohio 4384
Ohio Ct. App.2020Background:
- Cornely was convicted of domestic violence (after child-endangering counts were nolled) and sentenced to 180 days with 180 days suspended on three years community control; a no-contact order including his children remained in effect.
- The court extended the no-contact order "until further order of the court."
- Cornely moved (Feb 13, 2020) to terminate or modify the protection order; the trial judge denied that motion (Feb 19) and Cornely appealed (Feb 28).
- Cornely filed a motion for stay of the no-contact order on May 18, 2020; the trial judge did not rule; Cornely sought a stay in the appellate court, which denied it as App.R. 8(B) requires first filing in the trial court.
- Cornely filed a writ of procedendo; this court issued an alternative writ directing the judge either to rule on the May 18 motion or show cause why not; the judge argued transfer of jurisdiction and adequacy of appeal as defenses.
- The appellate court granted the writ of procedendo, ordered the trial judge to rule on the May 18 stay motion forthwith, and declined to impose sanctions.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court must rule on a stay motion after appeal is filed | Cornely: App.R. 8 requires the trial court to rule on stay applications first | Judge McCall: Transfer-of-jurisdiction principle stripped trial court of jurisdiction after appeal | Trial court retains jurisdiction to rule on a stay motion; transfer principle inapplicable here |
| Whether procedendo is an appropriate remedy for the judge's nonruling | Cornely: No other remedy; procedendo compels a ruling on a pending motion | Judge McCall: Appeal provides an adequate remedy at law, so extraordinary relief is inappropriate | Procedendo is appropriate because there is no appealable order from a nonruling; adequate remedy argument fails |
| Whether sanctions should be imposed against the judge for frivolous defense | Cornely: Judge's defenses are frivolous; sanctions warranted | Judge McCall: (argues merits of jurisdictional/adequate-remedy defenses) | Court declines to impose sanctions |
Key Cases Cited
- Yee v. Erie Cty. Sheriff's Dept., 51 Ohio St.3d 42 (discusses procedendo and transfer-of-jurisdiction principles)
- State ex rel. Watkins v. Eighth Dist. Court of Appeals, 82 Ohio St.3d 532 (procedendo appropriate for undue delay or refusal to render judgment)
- State ex rel. Utley v. Abruzzo, 17 Ohio St.3d 203 (procedendo will not issue if adequate remedy at law exists)
- State ex rel. Silcott v. Sparh, 50 Ohio St.3d 110 (court rules that court rules control practice over conflicting statutes; compelled ruling on stay/bail motion)