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

1996 Ohio 117, 74 Ohio St. 3d 278

• Court: Ohio Supreme Court
• Decided: January 10, 1996
• Docket: 1995-1769
• Status: Published

Opinion

[This opinion has been published in Ohio Official Reports at 74 Ohio St.3d 278.]

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

[Cite as State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 1996-Ohio-117.] Mandamus to compel court to file a final order—Writ denied when act already performed. (No. 95-1769—Submitted November 7, 1995—Decided January 10, 1996.) 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. SUPREME COURT OF OHIO

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