State ex rel. Thomson v. Doneghy
80 Ohio St. 3d 222
Ohio
1997
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THE STATE EX REL. THOMSON, APPELLANT, v. DONEGHY, JUDGE, ET AL., APPELLEES.

No. 97-999

Supreme Court of Ohio

November 5, 1997

80 Ohio St.3d 222 | 1997-Ohio-125

Submitted September 9, 1997. APPEAL from the Court of Appeals for Lucas County, No. L-97-1079.

Public records—Production of records renders moot action for mandamus to compel such production.

{¶ 1} In March 1997, appellant, Michael E. Thomson, filed a complaint for a writ of mandamus to compel appellees, Lucas County Common Pleas Court Judge Charles Doneghy and Lucas County Clerk of Courts Harry Barlos, to provide him copies of (1) the February 1997 findings of fact and conclusions of law issued by Judge Doneghy dismissing his petition for postconviction relief, and (2) the last three pages of his criminal appearance docket. Thomson alleged that he had previously requested the findings of fact and conclusions of law pursuant to R.C. 149.43. Appellees filed a motion to dismiss, attaching the requested documents, which indicated that they had previously been sent to Thomson. The court of appeals dismissed Thomson‘s complaint based on mootness.

{¶ 2} This cause is now before the court upon an appeal as of right.

Michael E. Thomson, pro se.

Damian M. P. Rodgers, Lucas County Assistant Prosecuting Attorney, for appellees.

Per Curiam.

{¶ 3} We affirm the judgment of the court of appeals for the reasons stated in its opinion.

(respondent‘s production of records renders moot claim for mandamus to compel such production). Further, Thomson had an adequate remedy to contend that he was entitled to an additional thirty days to perfect his appeal from Judge Doneghy‘s judgment by his pending appeal from that judgment. Cf.
.

Judgment affirmed.

MOYER, C.J., DOUGLAS, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.

RESNICK, J., not participating.