State ex rel. Batten v. Reece

“Procedendo is a high prerogative writ of an extraordinary nature. It is an order from a court of superior jurisdiction to proceed to judgment * * *. Procedendo does not lie where * * * there is no clear legal right to such relief.” State, ex rel. Ratliff, v. Marshall (1972), 30 Ohio St. 2d 101, 102; State, ex rel. St. Sava, v. Riley (1973), 36 Ohio St. 2d 171, 174.

Appellee’s order of January 21, 1981, constitutes a final order or judgment within the meaning of R. C. 2505.02.*

*248Appellant argues, however, that appellee should be ordered to proceed to a determination of his motion for…