Opinion · Ohio Supreme Court

State ex rel. Jerninghan v. Court of Common Pleas

State ex rel. Jerninghan v. Court of Common Pleas, 74 Ohio St. 3d 278 (Ohio 1996)

Type
Opinion
Court
Ohio Supreme Court
Jurisdiction
Ohio
Date
1996-01-10
Topic
litigation

How later courts describe this case

  • “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.”
  • “A writ of mandamus will not issue to compel an act already performed”
  • “A writ of mandamus will not lie to compel an act already performed”

Citator

UpLaw has not yet analyzed State ex rel. Jerninghan v. Court of Common Pleas. The absence of a flag is not a finding that it is good law.

Cited by
194 opinions
[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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