Vairaktarkis v. Celebrezze , 2022 Ohio 3746 ( 2022 )

[Cite as Vairaktarkis v. Celebrezze, 2022-Ohio-3746.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
ELENA VAIRAKTARAKIS, :
Relator, :
No. 111796
v. :
JUDGE LESLIE A. CELEBREZZE, :
Respondent. :
JOURNAL ENTRY AND OPINION
JUDGMENT: COMPLAINT DISMISSED
RELEASED AND JOURNALIZED: October 17, 2022
Writ of Procedendo
Order No. 558889
Motion No. 557730
Appearances:
Milano Attorneys & Counselors at Law, Jay Milano, and
Kate Pruchnicki, for relator.
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Nora E. Poore, Assistant Prosecuting
Attorney, for respondent.
MARY J. BOYLE, J.:
On July 29, 2022, the relator, Elena Vairaktarakis, commenced this
procedendo action against the respondent, Judge Leslie A. Celebrezze, to compel the
judge to rule on motions to vacate a custody order filed in the underlying case,
Vairaktarakis v. Vairaktarakis, Cuyahoga C.P. No. DR-21-383739, filed on May
10, 2021, and September 9, 2021. The relator also sought a ruling on a March 22,
2022 motion to set aside a void judgment. On August 30, 2022, the respondent filed
a motion to dismiss for mootness. Attached to the motion were certified copies of
August 18, 2022 journal entries denying all of the subject motions. The relator
never filed a response. The attached orders establish that the respondent judge has
proceeded to judgment on the subject matters and that the relator has received her
requested relief, orders resolving the outstanding motions. This matter is moot.
Accordingly, this court grants the respondent’s motion to dismiss and
dismisses the application for a writ of procedendo. Respondent to pay costs. This
court directs the clerk of courts to serve all parties notice of the judgment and its
date of entry upon the journal as required by Civ.R. 58(B).
Complaint dismissed.
MARY J. BOYLE, JUDGE
ANITA LASTER MAYS, P.J., and
LISA B. FORBES, J., CONCUR