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STATE EX REL. L.A.S. v. SMITH, 2015-Ohio-5584 (2015)

Court: Court of Appeals of Ohio Number: inohco20160104267 Visitors: 16
Filed: Dec. 30, 2015
Latest Update: Dec. 30, 2015
Summary: DECISION AND JUDGMENT SINGER , J. { 1} This matter is before the court upon the complaint of relator, L.A.S., Laura A. Smith, trustee of the Isabelle Hilt Trust Agreement, and Bree Noblitt-Brown, guardian of the person and estate of Isabelle A. Hilt, for a writ of procedendo to compel the Sandusky County Probate Judge, Hon. Brad Smith, to approve or reject a consent judgment entry proposed by the parties and timely submitted on June 29, 2015. { 2} We issued an alternative writ orderi
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DECISION AND JUDGMENT

{¶ 1} This matter is before the court upon the complaint of relator, L.A.S., Laura A. Smith, trustee of the Isabelle Hilt Trust Agreement, and Bree Noblitt-Brown, guardian of the person and estate of Isabelle A. Hilt, for a writ of procedendo to compel the Sandusky County Probate Judge, Hon. Brad Smith, to approve or reject a consent judgment entry proposed by the parties and timely submitted on June 29, 2015.

{¶ 2} We issued an alternative writ ordering respondent to do the act requested by relator in the petition or show cause why respondent is not required to do so by filing an answer to relators' petition. A consent judgment entry was entered in the lower court proceedings on December 18, 2015. Respondent has filed a motion to dismiss this action because the action relator sought has been accomplished. Because respondent has done the act requested in the petition, we find his motion well-taken. This original action is hereby dismissed. Costs are assessed against respondent.

Mark L. Pietrykowski, J., Arlene Singer, J., Thomas J. Osowik, J. CONCUR.

Source:  Leagle

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