State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas. - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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1 The State ex rel. Jerninghan, Appellant, v. Court of Common Pleas of
2 Cuyahoga County et al., Appellees.
3 [Cite as State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas
4 (1996), _____ Ohio St.3d _____.]
5 Mandamus to compel court to file a final order -- Writ denied when
6
act already performed.
7
(No. 95-1769--Submitted November 7, 1995--Decided January 10,
8 1996.)
9 Appeal from the Court of Appeals for Cuyahoga County, No. 69259.
10
On July 10, 1995, appellant, Tommie Jerninghan, Jr., filed a
11 complaint in mandamus in the Court of Appeals for Cuyahoga County,
12 alleging that his appeal in case No. CV265857 had been dismissed for lack
13 of a final order, and seeking to compel appellees to file a final order in the
14 case. On July 25, 1995, appellees filed a motion to dismiss the complaint as
15 moot, attaching a copy of an order dismissing case No. CV265857. On July
16 31, 1995, the court of appeals issued a journal entry dismissing the case.
17
Appellant appeals to this court as a matter of right.
18
Tommie Jerninghan, Jr., pro se.

1 Per
Curiam. We affirm the judgment of the court of appeals. A writ
2 of mandamus will not issue to compel an act already performed. State ex
3 rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 6 OBR 4, 450 N.E.2d 1163.
4
Judgment affirmed.
5
MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER
6 and COOK, JJ., concur.
7

2