procedendo claim (Ohio) · Go Syfert
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procedendo claim in Ohio

6 Ohio opinions name it 2 courts 2007–2026 3 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
State ex rel. Bechtel v. Cornachio (Slip Opinion)green
ohio · 2021 · cited in 2 Ohio opinions naming this issue, 2025–2026
2 sentences

2026“When a relator seeks to compel the issuance of a judgment entry through a writ of procedendo and the judge issues the entry, the procedendo claim is moot.” Id.

2025Bechtel at ¶ 8-9 (“When a relator seeks to compel the issuance of a judgment entry through a writ of procedendo and the judge issues the entry, the procedendo claim is moot.”).

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
State ex rel. Hibbler v. O'Neill (Slip Opinion) green
ohio · 2020
2 sentences

2022Hibbler v. O’Neill, 159 Ohio St.3d 566 , 2020-Ohio-1070 , 152 N.E.3d 265, ¶ 8 . {¶6} Irrespective of whether the respondents were legally required to issue a decision, the magistrate has issued the decision rendering the complaint for procedendo moot.

2022Hibbler v. O’Neill, 159 Ohio St.3d 566 , 2020-Ohio-1070 , 152 N.E.3d 265, ¶ 8 . {¶6} Irrespective of whether the respondents were legally required to issue a decision, the magistrate has issued the decision rendering the complaint for procedendo moot.

12022–2022
Verbanik v. Bernard, 2006-T-0080 (4-16-2007) green
ohioctapp · 2007
1 sentence

2014Trumbull No. 2006-T-0080, 2007-Ohio-1786, ¶8 . {¶7} Even though Verbanik involved a claim for a writ of mandamus, this court has followed the identical analysis in relation to a procedendo claim.

12014–2014
State ex rel. Howard v. Doneghy neutral
ohio · 2004
1 sentence

2008Howard v. Doneghy , 102 Ohio St.3d 355 , 2004-Ohio-3207 , at ¶ 6 , quoting State ex rel.

12008–2008
Pinson v. Triplett green
ohioctapp · 1983
2 sentences

2007Thus, any judgment vacating that order was also not a final, appealable order”); Pinson v. Triplett (1983), 9 Ohio App.3d 46 , 9 OBR 49, 458 N.E.2d 461 (“Because [a default judgment setting a hearing on damages] is not a final appealable order * * *, the order declining to vacate it cannot be a final appealable order”). {¶ 49} Finally, Judge Davis’s February 22, 2006 entry also does not support appellants’ contention that an adequate remedy by way of appeal barred the board’s procedendo claim.

2007Thus, any judgment vacating that order was also not a final, appealable order”); Pinson v. Triplett (1983), 9 Ohio App.3d 46 , 9 OBR 49, 458 N.E.2d 461 (“Because [a default judgment setting a hearing on damages] is not a final appealable order * * *, the order declining to vacate it cannot be a final appealable order”). {¶ 49} Finally, Judge Davis’s February 22, 2006 entry also does not support appellants’ contention that an adequate remedy by way of appeal barred the board’s procedendo claim.

12007–2007

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