State ex rel. Jerninghan v. Court of Common Pleas

[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.
                          __________________




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