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STATE EX REL. UTLEY v. ABRUZZO

No. 84-479.

17 Ohio St. 3d 203 (1985)

THE STATE, EX REL. UTLEY, ADMR., ET AL., APPELLANTS, v. ABRUZZO, JUDGE, APPELLEE.

Supreme Court of Ohio.

Decided June 5, 1985.

Attorney(s) appearing for the Case

William F. Clinard, for appellants.

Wilfrid G. Dues, prosecuting attorney, for appellee.

Per Curiam.

As was recognized in State, ex rel. Davey, v. Owen (1937), 133 Ohio St. 96, 106 [10 O.O. 102], "[t]he writ of procedendo is merely an order from a court of superior jurisdiction to one of inferior jurisdiction to proceed to judgment. It does not in any case attempt to control the inferior court as to what that judgment should be. * * *" Accord State, ex rel. Federated Dept. Stores, Inc., v. Brown (1956),

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