Legal Opinion

State ex rel. Sevayega v. McMonagle

Ohio Supreme Court

Decided May 28, 2009No. 2009-0106PublishedCited by 15 opinions

1Per curiam

{¶ 1} We affirm the judgment of the court of appeals dismissing the complaint of appellant, Reginald D. Sevayega, for a writ of procedendo. A writ of procedendo will not issue to compel the performance of a duty that has already been performed. State ex rel. Howard v. Show, 102 Ohio St.3d 423, 2004-Ohio-3652, 811 N.E.2d 1128, ¶ 9. Moreover, insofar as Sevayega contests the propriety of the ruling he received on his postconviction motion, he had an adequate remedy in the ordinary course of law by way of appeal. Extraordinary relief in procedendo will not be granted if there is an adequate…

2Cases cited2 opinions

  1. State ex rel. George v. BurnsideOhio Supreme Court · 2008
  2. State ex rel. Howard v. SkowOhio Supreme Court · 2004

3Cited by15 opinions

  1. State ex rel. Ward v. Reed (Slip Opinion)Ohio Supreme Court · 2014
  2. State ex rel. Sawicki v. Court of Common Pleas of Lucas Cty.Ohio Supreme Court · 2010
  3. State ex rel. Rose v. McGintyOhio Supreme Court · 2011
  4. State ex rel. White v. Woods (Slip Opinion)Ohio Supreme Court · 2019
  5. State ex rel. Huntington Natl. Bank v. Kontos (Slip Opinion)Ohio Supreme Court · 2015

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