Sun v. Lyndhurst Mun. Court

2013 Ohio 5597

• Court: Ohio Court of Appeals
• Decided: December 17, 2013
• Docket: 100368
• Status: Published

Opinion

[Cite as Sun v. Lyndhurst Mun. Court, 2013-Ohio-5597.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 100368

JOSEPH C. SUN RELATOR

vs.

LYNDHURST MUNICIPAL COURT RESPONDENT

JUDGMENT: COMPLAINT DISMISSED

Writ of Mandamus Motion No. 469930 Order No. 470383

RELEASE DATE: December 17, 2013 FOR RELATOR

Joseph C. Sun, pro se P.O. Box 151 Bluffton, SC 29910

ATTORNEY FOR RESPONDENT

Joseh W. Diemert Joseph W. Diemert & Associates 1360 S.O.M. Center Road Mayfield Heights, OH 44124 SEAN C. GALLAGHER, J.:

{¶1} Joseph C. Sun has filed a complaint for a writ of mandamus. Sun seeks an

order from this court that requires the Lyndhurst Municipal Court to grant a trial by jury

with regard to a pending traffic citation. The Lyndhurst Municipal Court has filed a

motion to dismiss, which we grant.

{¶2} Attached to the motion to dismiss is a copy of a judgment entry, journalized

on September 18, 2013, which demonstrates that the traffic citation has been dismissed.

Thus, Sun’s complaint for a writ of mandamus is moot. State ex rel. Jerninghan v.

Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d

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

{¶3} Accordingly, we grant the Lyndhurst Municipal Court’s motion to dismiss.

Costs to the Lyndhurst Municipal Court. Costs waived. The court directs the clerk of

court to serve all parties with notice of this judgment and the date of entry upon the

journal as required by Civ.R. 58(B).

{¶4} Complaint dismissed.

SEAN C. GALLAGHER, JUDGE

LARRY A. JONES, SR., P.J., and EILEEN A. GALLAGHER, J., CONCUR