Opinion
No. 100368
12-17-2013
JOSEPH C. SUN RELATOR v. LYNDHURST MUNICIPAL COURT RESPONDENT
FOR RELATOR Joseph C. Sun, pro se ATTORNEY FOR RESPONDENT Joseh W. Diemert Joseph W. Diemert & Associates
JOURNAL ENTRY AND OPINION
JUDGMENT:
COMPLAINT DISMISSED
Writ of Mandamus
Motion No. 469930
Order No. 470383
FOR RELATOR
Joseph C. Sun, pro se
ATTORNEY FOR RESPONDENT
Joseh W. Diemert
Joseph W. Diemert & Associates
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