COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 69288 STATE OF OHIO, EX REL. : FRANK KOVACS : : Relator : PETITION FOR WRIT OF : MANDAMUS -vs- : : ROBERT F. NICCUM, JUDGE : : Respondent : : : DATE OF ANNOUNCEMENT : APRIL 11, 1996 OF DECISION : JUDGMENT : WRIT DISMISSED. DATE OF JOURNALIZATION : APPEARANCES: For relator: For respondent: FREDERICK D. KANTER, ESQ. RICHARD A. WIEGAND, ESQ. 27600 Chagrin Blvd., #360 585 East 222nd Street Cleveland, OH 44122 Euclid, OH 44123 ROBERT J. WILLIS, ESQ. WILLIAM T. MONROE, ESQ. 5001 Mayfield Road, #208 1525 Leader Bldg. Lyndhurst, OH 44124 Cleveland, OH 44114-1444 - 2 - PATTON, J. Frank Kovacs, relator, instituted this action seeking writs of mandamus and prohibition against respondent, Judge Robert F. Niccum of the Euclid Municipal Court. For the following reasons we dismiss this action as moot. In his complaint, relator requested writs to issue against respondent, who was presiding over an eviction action entitled Kovacs v. Gains, Euclid Mun. Ct. Case No. 95-CVG-906, as follows: (1) a writ of mandamus requiring respondent to hold a hearing in Kovacs v. Gains; (2) a writ of prohibition barring respondent from requiring relator to provide his residential address; and (3) a writ of prohibition barring respondent from requiring relator or any other landlord to be represented by counsel in forcible entry and detainer matters. In July, 1995, respondent issued a final decision in the Kovacs eviction action. During the pendency of the case sub judice, relator sold his properties in Euclid, Ohio, and is apparently residing out of state. Both relator and respondent admit that the underlying municipal court eviction action which prompted the filing of this original action has been resolved. Respondent therefore contends this action is moot and should be dismissed. Relator argues against dismissal because he believes the issues in the underlying - 3 - municipal court action are capable of repetition, yet evading review. An action is moot "when resolution of the issues presented is purely academic and will have no practical effect on the legal relations between the parties." Wagner v. City of Cleveland (1988), 62 Ohio App.3d 8, 574 N.E.2d 533. In some instances, how- ever, as relator claims, a court may decide an otherwise moot case where the issues raised in the case are apt to be repeated. State ex rel. Plain Dealer Publishing Co. v. Barnes (1988), 38 Ohio St.3d 165, 527 N.E.2d 807, paragraph one of the syllabus. The Supreme Court of Ohio explained that "[a] case is capable of repetition where 'there *** [is] a reasonable expectation that the same com- plaining party *** [will] be subjected to the same action again.'" State ex rel. Beacon Journal Publishing Co. v. Donaldson (1992), 63 Ohio St.3d 173, 175, 586 N.E.2d 101, quoting Weinstein v. Bradford (1975), 423 U.S. 147, 149. In this case, relator has sold his properties in Euclid, Ohio and is no longer a landlord in respon- dent's jurisdiction. Moreover, relator no longer resides in Ohio at all according to the papers filed, but is a resident of Florida. Based on this information we do not believe there is any reasonable expectation that relator will be subjected to the same action again. In our opinion, the case is not reasonably capable of - 4 - repetition. No advisory opinion is warranted under these circumstances. Case dismissed. Costs to relator. DAVID T. MATIA, J. KARPINSKI, J., CONCUR. .