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SMITH v. ExpressJET AIRLINES, INC., 2014-Ohio-2983 (2014)

Court: Court of Appeals of Ohio Number: inohco20140703884 Visitors: 19
Filed: Jun. 05, 2014
Latest Update: Jun. 05, 2014
Summary: JOURNAL ENTRY AND OPINION PATRICIA ANN BLACKMON, J. { 1} Appellant Kristin Smith ("Smith") appeals the trial court's order compelling her to produce her medical information and records. For the reasons that follow, the appeal is dismissed as moot. { 2} While the discovery matter was pending on appeal, a motion for summary judgment filed by appellees was pending before the trial court. On April 8, 2014, the trial court granted the summary judgment in favor of appellees based on grounds that
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JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, J.

{¶1} Appellant Kristin Smith ("Smith") appeals the trial court's order compelling her to produce her medical information and records. For the reasons that follow, the appeal is dismissed as moot.

{¶2} While the discovery matter was pending on appeal, a motion for summary judgment filed by appellees was pending before the trial court. On April 8, 2014, the trial court granted the summary judgment in favor of appellees based on grounds that did not rely on the disputed materials at issue in this appeal. Therefore, this appeal is rendered moot. Appellate courts will not review questions that do not involve live controversies. See Tschantz v. Ferguson, 57 Ohio St.3d 131, 133, 566 N.E.2d 655 (1991). Accordingly, we dismiss Smith's appeal.

{¶3} Appeal dismissed.

It is ordered that appellees recover from appellant costs herein taxed.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.

LARRY A. JONES, SR., P.J., and EILEEN T. GALLAGHER, J., CONCUR

Source:  Leagle

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