State ex rel. Utley v. Abruzzo

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), 165 Ohio St. 521, 525 [60 O.O. 486]. It is well-settled that the writ of procedendo will not issue for the purpose of controlling or interfering with ordinary court procedure, State, ex rel.…