COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 85673
 
 
STATE OF OHIO, EX REL.,      :         ORIGINAL ACTION
RUBY STALLWORTH              :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
JUDGE BURT GRIFFIN           :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           MARCH 22, 2005
 
CHARACTER OF PROCEEDINGS:         WRIT OF PROCEDENDO
 
JUDGMENT:                         Writ Dismissed.
                                  Motion No. 368154
                                  Order No. 369092
 
 
 
APPEARANCES:
 
For Relator:                      RUBY STALLWORTH, pro se
                                  P.O. Box 14547
                                  Cleveland, Ohio 44114
 
 
For Respondent:                   KATHLEEN A. MARTIN
                                  Litigation Manager, Civil Division
                                  8th Floor Justice Center
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
                                  WILLIAM D. MASON
                                  Cuyahoga County Prosecutor
                                  Justice Center - 8th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -2-
 
Judge Diane Karpinski:
 
     Relator, Ruby Stallworth, is the plaintiff in Stallworth v.
 
Demore-Brown, Cuyahoga County Court of Common Pleas Case No. CV-
 
506327. In this procedendo action, Stallworth complains that
 
although she filed a motion for summary judgment in Case No. CV-
 
506327 on February 27, 2004, the motion remains pending.
 
     Respondent is a former judge of the court of common pleas. He
 
has filed a motion to dismiss and argues that, in light of the fact
 
that he is no longer a judicial officer, this court should dismiss
 
this action. Relator has not responded to the motion to dismiss.
 
     Respondent's argument fails because Civ.R. 25 states that,
 
after a public officer ceases to hold office, "his successor is
 
automatically   substituted   as   a  party." Civ.R. 25(A).
 
Nevertheless, the docket in Case No. CV-506327 reflects that
 
respondent's  successor   has  issued  a  journal   entry denying
 
Stallworth's motion for summary judgment. As a consequence, we
 
dismiss this action as moot.
 
     We note that dismissal is appropriate in this case despite the
 
fact that the motion to dismiss may be maintained only by
 
considering matters outside the pleading. Civ.R. 12(B) and 56. A
 
court may take judicial notice of mootness.    "In fact, `an event
 
that causes a case to be moot may be proved by extrinsic evidence
 
outside the record.' Pewitt v. Lorain Correctional Inst. (1992),
 
64 Ohio St.3d 470, 472, 597 N.E.2d 92,94." State ex rel. Nelson v.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -3-
 
Russo (2000), 89 Ohio St.3d 227, 228, 2000-Ohio-141, 729 N.E.2d
 
1181. As a consequence, we take judicial notice of the mootness of
 
this action in light of the fact that respondent's successor denied
 
Stallworth's motion for summary judgment by entry received for
 
filing on January 18, 2005.
 
     Accordingly, respondent's motion to dismiss is granted.
 
Relator to pay costs. The clerk is directed to serve upon the
 
parties notice of this judgment and its date of entry upon the
 
journal. Civ.R. 58(B).
 
     Writ dismissed.
 
 
 
                                         DIANE KARPINSKI
                                              JUDGE
 
ANN DYKE, P.J., CONCURS
 
FRANK D. CELEBREZZE, JR., J., CONCURS
 
 
 
.