Opinion

State ex rel. Cool v. Clark

  • 2014 Ohio 284
Court
Ohio Court of Appeals
Filed
Jan 21, 2014
Status
Published
On the bench
Per Curiam
Cited by
0 cases
Authority
More cited than 32.4%

The opinion

[Cite as State ex rel. Cool v. Clark, 2014-Ohio-284.]

STATE OF OHIO, MAHONING COUNTY

IN THE COURT OF APPEALS

SEVENTH DISTRICT

STATE ex rel. THOMAS COOL, )

) CASE NO. 13 MA 167

RELATOR, )

) OPINION

- VS - ) AND

) JUDGMENT ENTRY

SARAH BROWN CLARK, )

YOUNGSTOWN MUNICIPAL )

COURT CLERK, )

)

RESPONDENT. )

CHARACTER OF PROCEEDINGS: Petition for Writ of Mandamus.

JUDGMENT: Petition for Writ of Mandamus Dismissed

As Moot.

APPEARANCES:

For Relator: Attorney Gary Van Brocklin

P.O. Box 3537

Youngstown, Ohio 44513-3537

For Respondent: Attorney Anthony Donofrio

Deputy Law Director

26 South Phelps Street

Youngstown, Ohio 44503

JUDGES:

Hon. Joseph J. Vukovich

Hon. Cheryl L. Waite

Hon. Mary DeGenaro

Dated: January 21, 2014

[Cite as State ex rel. Cool v. Clark, 2014-Ohio-284.]

PER CURIAM:

¶{1} On October 23, 2013, Relator Thomas Cool filed a petition for writ of

mandamus against Respondent Sarah Brown Clark in her capacity as Clerk of the

Youngstown Municipal Court. In the writ, Relator, a licensed surety bail bond agent,

claims that he attempted to register his agency as a bonding agent for Youngstown

Municipal Court but Respondent failed to accept that registration. He claims that

Respondent is under a clear legal duty pursuant to R.C. 2905.87 “to register Relator

as a Surety Bail Bonding Agent and Company and to accept Bail Bonds written by

Relator.”

¶{2} Respondent filed an answer and affirmative defense on November 20,

2013. She asserted that the registration has been accepted, but at that point Relator

had not yet been added to the list of court-registered surety bail bond agents.

Respondent indicated that the list would be updated on December 1, 2013 and Relator

would be included on that list. Respondent then asked this court to dismiss the writ as

moot.

¶{3} On November 29, 2013, we issued an order requiring Respondent to file

a copy of the December 1, 2013 list with our court. Relator was informed that within

10 days from the date of the filing of the list he could file a motion with this court

presenting arguments as to why the writ should not be deemed moot and dismissed.

¶{4} On December 12, 2013 Respondent complied with our order and filed a

copy of the list. Relator has not filed any response to that filing.

¶{5} In order to be entitled to a writ of mandamus, a Relator must establish:

(1) a clear legal right to the requested relief, (2) a clear legal duty on the part of the

respondent to provide such relief, and (3) the lack of an adequate remedy in the

ordinary course of law. State ex rel. Zimmerman v. Tompkins, 75 Ohio St.3d 447, 448,

663 N.E.2d 639 (1996).

¶{6} We do not need to address whether any of these elements are met.

Respondent has already performed; the list filed with this court indicates that Relator’s

registration has been accepted and that he is on the list of court registered surety bail

bond agents. Mandamus will not compel the performance of a duty that has already

-2-

been performed. State ex rel. Kreps v. Christiansen (2000), 88 Ohio St.3d 313, 318,

725 N.E.2d 663 (2000). Thus, the petition for writ of mandamus is moot and is hereby

dismissed.

¶{7} Final Order. Clerk to serve notice as provided by the Civil Rules. Costs

taxed against Relator.

Vukovich, J., concurs.

Waite, J., concurs.

DeGenaro, J., concurs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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