COURT OF APPEALS OF OHIO, EIGHTH DISTRICT 
                        COUNTY OF CUYAHOGA 
                             NO. 70228
STATE, EX REL. ALICIA         :
   FRAZER                     :
        Relator               :     PETITION FOR WRIT OF 
                              :        PROCEDENDO
     -vs-                     : 
                              :
ROBERT FERRERI, JUDGE         :
                              : 
        Respondent            :
                              :
DATE OF ANNOUNCEMENT          :       
  OF DECISION                 :       JULY 2, 1996        
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :                        
APPEARANCES:
For relator:                  For respondent:
Robert O. Garnett Co., L.P.A. Stephanie Tubbs Jones
Robert O. Garnett, Esq.       Cuyahoga County Prosecutor
20475 Farnsleigh Road, #306   Carol Shockley
Shaker Heights, Ohio 44122    Assistant County Prosecutor
                              The Justice Center, Eighth Floor
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               - 2 -
SWEENEY, JAMES D., J.:
     Relator avers that:  She is a juvenile.  She "was a witness to
a collision between  an automobile  and another child  *** who  was
subsequently cited for a traffic  violation ***."  Complaint, pars.
1 and 2.  On October 31, 1995, relator testified  at the hearing on
the charge against the other juvenile.
     [T]he trial  judge chose  to disbelieve  [relator].   The
     relator was forthwith  sentenced to  thirty (30) days  in
     the applicable juvenile facility for what the trial judge
     said  was "lying."   The  judge further  said such  lying
     constituted direct contempt of court.
Complaint, par. 3.
     Relator has filed an appeal from  the trial court's finding of
contempt (Case No. 69782).   In Case No.  69782, this court  stayed
the thirty-day detention  and ordered relator released  on personal
recognizance.   This court also denied relator's  motion to appoint
Vicki L. Banda as official court reporter and instructed relator to
seek appointment at the trial court level.
     Relator  avers that  she has  filed a  motion  with respondent
requesting  that  he  appoint  Banda  as  the   court  reporter  to
transcribe  the  audio   tapes  of  the  relevant   juvenile  court
proceedings.  Relator further  avers that respondent has  not ruled
on her motion.   Relator requests that  this court issue a  writ of
procedendo commanding respondent to permit  Banda to transcribe the
audio tapes.
     By entry dated  February 27, 1996, this  court ordered relator
to  show cause  why  the complaint  in  this action  should  not be
                               - 3 -
dismissed for failure  to comply  with Loc. App.  R. 8(B)(1)  which
requires that complaints  in original actions  "be supported by  an
affidavit from the  plaintiff or relator specifying the  details of
the claim."   Relator filed a supplement to the  complaint on March
8, 1996.
     Respondent has filed a motion for summary judgment (Motion No.
73020).  Attached to the motion for summary judgment is a copy of a
journal  entry  issued by  respondent  denying relator's  motion to
appoint Banda.  Respondent  argues that procedendo does not  lie to
compel  respondent  to  perform  a  duty  which  has  already  been
performed.    Relator  has  not  opposed  the  motion  for  summary
judgment.
     Although relief in procedendo is appropriate to compel a court
to rule on  a motion, it  is not appropriate  to use procedendo  to
compel a court to  rule in a certain way.   State ex rel. Sherrills
v.  Cuyahoga Cty. Court of Common  Pleas (1995), 72 Ohio St.3d 461,
462, 650 N.E.2d 899.   The only relief to which  relator might have
been  entitled,  therefore,  is  a  writ of  procedendo  commanding
respondent to dispose of his motion to appoint Banda.   Because the
entry attached to respondent's motion for summary judgment disposes
of relator's motion  to appoint Banda,  this action  is moot.   See
State ex rel. Martinelli v. Corrigan (Jan. 29, 1996), Cuyahoga App.
No. 69845, unreported.  We note,  however, that the entry disposing
of relator's motion  was not filed  with the clerk and  journalized
until  this action had been pending  for approximately three months
                               - 4 -
and approximately five months after the filing of relator's motion.
     Accordingly, respondent's motion for  summary judgment (Motion
No. 73020) is granted.  Respondent to pay costs.
     Writ denied.  
LEO M. SPELLACY, C.J., and       
TIMOTHY E. McMONAGLE, J., CONCUR.  
                                          JAMES D. SWEENEY
                                               JUDGE
.