THE STATE EX REL. MCKINNEY, APPELLANT, v. DEFIANCE COUNTY COURT OF COMMON PLEAS, APPELLEE.
No. 2009-0523
Supreme Court of Ohio
September 16, 2009
123 Ohio St.3d 153, 2009-Ohio-4693
Richard Cordray, Attorney General, and Laura Erebia Parsons and Janyce C. Katz, Assistant Attorneys General, for appellee Ohio Public Employees Retirement Board.
Walter J. Gerhardstein Jr., for appellee Mary C. Dunn-Brock.
Vorys, Sater, Seymour & Pease, L.L.P., Michael J. Settineri, and Megan A. Robinson, for appellee Anita Allen.
Per Curiam.
{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Daniel P. McKinney, for a writ of mandamus to compel appellee, Defiance County Court of Common Pleas, to issue findings of fact and conclusions of law on the court‘s denial of his petition for postconviction relief. Mandamus will not issue to compel an act that has already been performed. State ex rel. Madsen v. Foley Jones, 106 Ohio St.3d 178, 2005-Ohio-4381, 833 N.E.2d 291, ¶ 11. The common pleas court issued the requisite findings of fact and conclusions of law in February 2005. McKinney had an adequate remedy at law by appeal from that judgment to raise his claim that the common pleas court erred in not reviewing a hearing transcript. And even if McKinney is correct that the clerk did not properly serve notice of the judgment on him, he is not entitled to the requested extraordinary relief in mandamus, because he had adequate remedies in the ordinary course of law by delayed appeal and a motion for relief from judgment to raise this claim. State ex rel. Halder v. Fuerst, 118 Ohio St.3d 142, 2008-Ohio-1968, 886 N.E.2d 849, ¶ 7. We also deny McKinney‘s motion to strike the common pleas court‘s brief.
Judgment affirmed.
MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O‘CONNOR, O‘DONNELL, LANZINGER, and CUPP, JJ., concur.
Daniel McKinney, pro se.
Morris J. Murray, Defiance County Prosecuting Attorney, and Russell R. Herman, Assistant Prosecuting Attorney, for appellee.
THE STATE EX REL. WICKENSIMER, APPELLANT, v. BARTLESON, APPELLEE.
No. 2009-0755
Supreme Court of Ohio
September 16, 2009
123 Ohio St.3d 154, 2009-Ohio-4695
{¶ 1} We reverse the judgment of the court of appeals dismissing the mandamus petition of appellant, Brian Wickensimer, for failure to comply with
{¶ 2} A failure to comply with the requirements of