[Cite as State ex rel. Lyons v. Skinner, 2020-Ohio-3008.]

IN THE COURT OF APPEALS OF OHIO 

TENTH APPELLATE DISTRICT 

[State ex rel. Margene Lyons et al., : 

 

 Relators, : 

 No. 19AP-815 

v. : 

 (REGULAR CALENDAR) 

Judge Jarrod B. Skinner, : 

 

 Respondent]. : 

 

D E C I S I O N 

Rendered on May 19, 2020 

 

Margene Lyons, Ronald Brown, and Tonya Brown, pro se. 

 

IN MANDAMUS 

BROWN, J. 

{¶ 1} Relators, Margene Lyons, Ronald Brown, and Tonya Brown, have filed an 

original action requesting this court issue a writ of mandamus ordering respondent, 

Jarrod B. Skinner, a judge of the Franklin County Municipal Court, to stay an eviction 

action and enforce a previously entered order setting the case for mediation. 

{¶ 2} Pursuant to Civ.R. 53 and Loc.R. 13(M) of the Tenth District Court of 

Appeals, this matter was referred to a magistrate of this court who issued the appended 

decision, including findings of fact and conclusions of law. In that decision, the 

magistrate recommended relators' action be dismissed sua sponte as moot on the ground 

"relators seek to compel the trial court to act, and the trial court has now done so." (Mag. 

Decision at 12.) More specifically, the magistrate took judicial notice of the fact the 

Franklin County Municipal Court entered a final order in the underlying eviction action 

on January 16, 2020, and "thereby disposed of * * * the pending mediation process." 

(Mag. Decision at 12.) No objections have been filed to that decision. 
No. 19AP-815 2 

{¶ 3} Finding no error of law or other defect on the face of the magistrate's 

decision, and based on this court's independent review,1 we adopt the magistrate's 

decision as our own, including the findings of fact and conclusions of law contained 

therein. In accordance with the magistrate's recommendation, this mandamus action is 

dismissed as moot. 

Action dismissed. 

SADLER, P.J., and DORRIAN, J., concur. 

_________________ 

 

1 We take judicial notice that, subsequent to the magistrate's decision (rendered on February 13, 2020), the Franklin 

County Municipal Court, on March 4, 2020, filed a journal entry of dismissal in Franklin M.C. No. 2019CVG32496. 
No. 19AP-815 3 

APPENDIX 

IN THE COURT OF APPEALS OF OHIO 

TENTH APPELLATE DISTRICT 

[State ex rel. Margene Lyons et al., : 

 

 Relators, : 

 

 v. : No. 19AP-815 

 

Judge Jarrod B. Skinner], : (REGULAR CALENDAR) 

 

 Respondent. : 

 

M A G I S T R A T E ' S D E C I S I O N 

Rendered on February 13, 2020

 

Margene Lyons, Ronald Brown, and Tonya Brown, pro se. 

 

IN MANDAMUS 

ON SUA SPONTE DISMISSAL 

{¶ 4} Relators, Margene Lyons, Ronald Brown, and Tonya Brown filed this 

original action seeking a writ of mandamus ordering respondent, Jarrod B. Skinner, a 

judge of the Franklin County Municipal Court, to stay the action and enforce a previously 

entered order setting the case for mediation. 

Findings of Fact: 

{¶ 5} 1. Relators are defendants in an eviction action in Franklin County 

Municipal Court under case No. 2019CVG32496. 

{¶ 6} 2. Relators filed their complaint in mandamus with this court on 

December 3, 2019. 

{¶ 7} 3. Respondent entered the final order in the eviction action on January 16, 

2020 titled as "WRIT OF RESTITUTION RETURNED SHOWING SET OUT 

COMPLETED." (Emphasis sic.) 
No. 19AP-815 4 

{¶ 8} 4. Relators' complaint in mandamus identifies the "Appellee" as Oakwood 

Management Company, the plaintiff in the eviction case. The complaint otherwise makes 

clear that relators request a writ directed to the judge presiding over their eviction case. 

{¶ 9} 5. Neither the respondent judge nor Oakwood Management Company have 

filed a pleading in this case. 

Discussion and Conclusions of Law: 

{¶ 10} In order for this court to issue a writ of mandamus, relators must show a 

clear legal right to the relief sought, a clear legal duty for the respondent to perform a 

requested act, and the absence of a plain and adequate remedy for relators in the ordinary 

course of the law. State ex rel. Berger v. McMonagle, 6 Ohio St.3d 28-29 (1983). 

{¶ 11} Although procedendo is the more appropriate remedy, "mandamus will lie 

when a trial court has refused to render, or unduly delayed rendering, a judgment." State 

ex rel. Reynolds v. Basinger, 99 Ohio St.3d 303, 2003-Ohio-3631, ¶ 5. However, a writ 

will not issue to compel the performance of a duty that has already been performed. State 

ex rel. Graham v. Niemeyer, 106 Ohio St.3d 466, 2005-Ohio-5522, ¶ 4. An appellate 

court can " 'take judicial notice that the requested act has been performed.' " State ex rel. 

Hillman v. Brown, 10th Dist. No. 17AP-836, 2018-Ohio-2409, ¶ 4-5, quoting State ex rel. 

Stanley v. D'Apolito, 7th Dist. No. 12MA218, 2013-Ohio-428, ¶ 8, citing State ex rel. 

Grove v. Nadel, 84 Ohio St.3d 252-53 (1998). 

{¶ 12} The magistrate has taken judicial notice that Franklin County Municipal 

Court has entered final judgment in its case, and thereby disposed of, directly or 

indirectly, the pending mediation process. As a result, the magistrate concludes that the 

present original action has become moot because relators seek to compel the trial court to 

act, and the trial court has now done so. This court having jurisdiction only over live 

controversies, this original action must be dismissed for lack of jurisdiction. State ex rel. 

Cincinnati Enquirer v. Hunter, 141 Ohio St.3d 419, 2014-Ohio-5457, ¶ 4. It is the 

magistrate's decision that this court sua sponte dismiss this action. 

 /S/ MAGISTRATE 

 MARTIN L. DAVIS 
No. 19AP-815 5 

NOTICE TO THE PARTIES 

Civ.R. 53(D)(3)(a)(iii) provides that a party shall not assign as 

error on appeal the court's adoption of any factual finding or 

legal conclusion, whether or not specifically designated as a 

finding of fact or conclusion of law under Civ.R. 

53(D)(3)(a)(ii), unless the party timely and specifically objects 

to that factual finding or legal conclusion as required by Civ.R. 

53(D)(3)(b).