Charles W. Davis, Relator,
v.
Bruce Smalheer, Magistrate, Respondent.
Court of Appeals of Ohio, Eleventh District, Geauga County.https://leagle.com/images/logo.png
December 10, 2010.
December 10, 2010.
Attorney(s) appearing for the Case
A. Clifford Thornton, Jr. , Peckinpaugh & Thornton, L.L.C., Three Commerce Park Square, #605, 23230 Chagrin Boulevard, Cleveland, OH 44122 (For Relator).
David P. Joyce , Geauga County Prosecutor, and Rebecca F. Schlag , Assistant Prosecutor, Courthouse Annex, 231 Main Street, Chardon, OH 44024 (For Respondent).
Court of Appeals of Ohio, Eleventh District, Geauga County.
MEMORANDUM OPINION
COLLEEN MARY O'TOOLE, J.
{¶1} This action in procedendo is presently before the court for consideration of the motion to dismiss of respondent, Magistrate Bruce Smalheer of the Geauga County Court of Common Pleas. As the primary basis for his motion, respondent submits that the merits of the procedendo petition have been rendered moot because he has already performed the specific act which relator, Charles W. Davis, wanted...
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