State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas.

1996 Ohio 117

Ohio

1996

Check Treatment

THE STATE EX REL. JERNINGHAN, APPELLANT, v. COURT OF COMMON PLEAS OF CUYAHOGA COUNTY ET AL., APPELLEES.

No. 95-1769

SUPREME COURT OF OHIO

January 10, 1996

74 Ohio St.3d 278 | 1996-Ohio-117

Mandamus to compel court to file a final order—Writ denied when act already performed. (Submitted November 7, 1995.) APPEAL from the Court of Appeals for Cuyahoga County, No. 69259.

{¶ 1} On July 10, 1995, appellant, Tommie Jerninghan, Jr., filed a complaint in mandamus in the Court of Appeals for Cuyahoga County, alleging that his appeal in case No. CV265857 had been dismissed for lack of a final order, and seeking to compel appellees to file a final order in the case. On July 25, 1995, appellees filed a motion to dismiss the complaint as moot, attaching a copy of an order dismissing case No. CV265857. On July 31, 1995, the court of appeals issued a journal entry dismissing the case.

{¶ 2} Appellant appeals to this court as a matter of right.

Tommie Jerninghan, Jr., pro se.

Per Curiam.

{¶ 3} We affirm the judgment of the court of appeals. A writ of mandamus will not issue to compel an act already performed.

State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 6 OBR 4, 450 N.E.2d 1163.

Judgment affirmed.

MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur.