State ex Rel. Jerninghan v. CCCCP

Full title: THE STATE EX REL. JERNINGHAM, APPELLANT, v. COURT OF COMMON PLEAS OF…

Court: Supreme Court of Ohio

Date published: Jan 10, 1996

74 Ohio St. 3d 278 (Ohio 1996)

658 N.E.2d 723

Opinion

No. 95-1769

Submitted November 7, 1995 —

Decided January 10, 1996.

APPEAL from the Court of Appeals for Cuyahoga County, No. 69259.

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.

Appellant appeals to this court as a matter of right.

Tommie Jerninghan, Jr., pro se.

Per Curiam.

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.