State ex rel. Burkons v. Stupica

Mar 22, 2021
2020-G-0274
Versions:2021 Ohio 901

PER CURIAM OPINION

PER CURIAM

{¶1} Pending before this court is relator, Mike Burkons‘, Verified Complaint for Writ of Prohibition. Respondent, the Honorable Terri Stupica filed a Motion to Dismiss Relator‘s Verified Complaint which this court denied on February 11, 2021.

{¶2} On March 5, 2021, respondent advised this court that “she does not object to the issuance of the writ requested by Relator Mike Burkons in this proceeding” and that “she does not intend to answer the Verified Complaint, and believes there are no evidentiary disputes that would prohibit this Court from proceeding to a final resolution based on the record before it.”

{¶3} According to the Verified Complaint, relator seeks “a writ of prohibition barring Judge Stupica and the Chardon Municipal Court from continuing to adjudicate the proceedings against him in Chardon Municipal Court Case No. 2020-CRB-00858.”

{¶4} Upon due consideration and for the reasons set forth in this court‘s Judgment Entry of February 11, 2021, relator has demonstrated that he is entitled to the requested extraordinary relief in prohibition. We therefore grant a writ of prohibition to prevent respondent from continuing to further adjudicate the proceedings against relator in Chardon Municipal Court Case No. 2020-CRB-00858.

{¶5} Writ granted.

MARY JANE TRAPP, P.J., CYNTHIA WESTCOTT RICE, J., MATT LYNCH, J., concur.