In re Williams v. Pianka
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[Cite as In re Williams v. Pianka, 2012-Ohio-5518.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 98760 IN RE: LAWRENCE WILLIAMS RELATOR vs. RAYMOND PIANKA, AS JUDGE, ETC. RESPONDENT JUDGMENT: WRIT DENIED Writ of Mandamus Motion No. 458342 Order No. 460163 RELEASE DATE: November 28, 2012 FOR RELATOR Lawrence Williams, pro se 17701 Rookwood Circle Cleveland, Ohio 44112 ATTORNEYS FOR RESPONDENT Barbara A. Langhenry Interim Director of Law By: Joseph F. Scott Chief Assistant Director of Law City of Cleveland City Hall, Room 106 601 Lakeside Avenue Cleveland, Ohio 44114-1077 EILEEN A. GALLAGHER, J.: {¶1} Lawrence Williams has filed a complaint for a writ of mandamus. Williams seeks an order from this court that requires Judge Raymond Pianka to issue a ruling with regard to an emergency motion for temporary restraining order, injunction and stay of eviction as filed in Cleveland M.C. No. 2012-CVG-010936. Judge Pianka has filed a motion for summary judgment, which is granted for the following reasons. {¶2} Initially, we find that Williams complaint for a writ of mandamus is defective, because it is improperly captioned. The complaint for a writ of mandamus must be brought in the name of the state on relation of the person applying. R.C. 2731.04; Maloney v. Court of Common Pleas of Allen Cty., 173 Ohio St. 226, 181 N.E.2d 270 (1962); Gannon v. Gallagher, 145 Ohio St. 170, 60 N.E.2d 666 (1945). {¶3} Finally, Williams request for a writ of mandamus is moot. The underlying action, forcible entry and detainer, has concluded and Williams has been evicted from the residential property in question. See affidavit of Judge Pianka attached to the motion for summary judgment. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 658 N.E.2d 723 (1996); State ex rel. Snider v. Stapleton, 65 Ohio St.3d 40, 600 N.E.2d 240 (1992); State ex rel. Richard v. Wells, 64 Ohio St.3d 76, 591 N.E.2d 1240 (1992); State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983). {¶4} Accordingly, we grant Judge Pianka s motion for summary judgment. Williams to pay costs. The court directs the clerk of court to serve all parties with notice of this judgment and its date of entry upon the journal as required by Civ.R. 58(B). {¶5} Writ denied. EILEEN A. GALLAGHER, JUDGE MELODY J. STEWART, P.J., and MARY EILEEN KILBANE, J., CONCUR
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