State Ex Rel. Fontanella v. Kontos, 2007-T-0055 (9-28-2007)

PER CURIAM OPINION

{¶ 1} This action in procedendo is presently before this court for consideration of the motion to dismiss of respondent, Judge Peter J. Kontos of the Trumbull County Court of Common Pleas. As the sole basis for his motion, respondent asserts that the merits of the pending claim are moot because he has already performed the specific act which relator, Dominic F. Fontanella, was seeking to compel. For the following reasons, we conclude that the motion to dismiss is well taken.

{¶ 2} The subject matter of the instant action pertains to the status of certain motions which relator…