COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 82023
STATE OF OHIO, EX REL.             :
HONEY ROTHSCHILD                   :     JOURNAL ENTRY
                                   :
   Relator                         :           AND
                                   :
     -vs-                          :         OPINION
                                   :
JUDGE BRIDGET McCAFFERTY,          :
CUYAHOGA COUNTY COMMON             :
PLEAS COURT                        :
                                   :
   Respondent                      :
Date of Journalization:            JANUARY 29, 2003
Character of Proceeding:           MANDAMUS
Judgment:                          DISMISSED
Appearances:
For Relator:                       HONEY ROTHSCHILD, PRO SE
                                   P.O. Box 38
                                   Avon, Ohio 44011
For Respondent:                    WILLIAM D. MASON
                                   Cuyahoga County Prosecutor
                                   ROCHELLE DOBECK, Assistant
                                   Prosecuting Attorney
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
                                -2-
JAMES J. SWEENEY, J.:
     Honey Rothschild, the relator, has filed a complaint for a
writ of mandamus through which she seeks an order from this court
which requires Judge Bridget McCafferty, the respondent, to proceed
to trial in the underlying action of      Chinnock v. Rothschild,
Cuyahoga County Court of Common Pleas Case No. CV-01-451346.
Specifically, Rothschild seeks the reinstatement of the underlying
action and disposition of her counterclaims.  Judge McCafferty has
filed a motion to dismiss, which we grant for the following
reasons.
     On March 8, 2002, Judge McCafferty dismissed the underlying
action captioned  Chinnock v. Rothschild, Case No. CV-01-45346,
which resulted in Rothschild filing an appeal with this court.  See
Chinnock v. Rothschild, Cuyahoga App. No. 81134.  On June 14, 2002,
this court dismissed Rothschild 's appeal for lack of a final
appealable order.  See R.C. 2505.02 and Civ.R. 54(B).   On November
15, 2002, Judge McCafferty journalized a journal entry which
provided as follows:
     "Upon notification from the Cuyahoga County Clerk of Courts on
11/12/02, this court has just received a copy of an August 26, 2002
order from the Court of Appeals.   Said order clarifies a previous
appellate order of July 2, 2002 which dismissed the appeal but did
not remand the case.  The August 26, 2002 order clarifies the July
order by adding that this court does indeed have jurisdiction.  The
                                -3-
court just having received notice of jurisdiction sets the
following schedule: parties are ordered to file supplemental
summary judgment briefs on any claims not previously dismissed by
12/13/2002 and briefs in opposition are due 1/13/2003.    New final
pretrial is set January 18, 2003 at 9:00 AM."
    Based upon the journal entry of November 15, 2002, it is
patently evident that the underlying action has been re-instated to
active status and that trial and/or disposition of Rothschild's
counterclaims is imminent.  Accordingly, we find that Rothschild's
request for a writ of mandamus is moot and grant Judge McCafferty's
motion to dismiss.   State ex rel. Jerningham v. Cuyahoga County
Court of Common Pleas (1996), 74 Ohio St.3d 278; 658 N.E.2d 723;
State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d
1163.  Costs to Rothschild.   It is further ordered that the Clerk
of the Eighth District Court of Appeals serve upon all parties
notice of this judgment as mandated by Civ.R. 58(B).
    Complaint dismissed.
KENNETH A. ROCCO, P.J., and
MICHAEL J. CORRIGAN, J., CONCUR.
                                          JAMES J. SWEENEY
                                                JUDGE
 
 
 
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