State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas
| Decision Date | 10 January 1996 |
| Docket Number | No. 95-1769,95-1769 |
| Parties | The STATE ex rel. JERNINGHAN, Appellant, v. COURT OF COMMON PLEAS OF CUYAHOGA COUNTY et al., Appellees. |
| Court | Ohio Supreme Court |
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.
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.
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State ex rel. Mackey v. Blackwell, 2004 Ohio 7004 (OH 12/22/2004)
...or that the respondents have violated any enumerated duty as required under R.C. 3503.13. Cf. State ex rel. Jerningham v. Cuyahoga County Court of Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163. {¶3} In ......
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...mandamus ordering the commission to issue a decision determining his appeal is moot. See State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas , 74 Ohio St.3d 278, 279, 658 N.E.2d 723 (1996) ("A writ of mandamus will not lie to compel an act already performed").2. Service of the c......
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State v. Wilson
...to compel an act already performed.'" State ex rel Evans v. Mohr, 155 Ohio St.3d 579, 2018-Ohio-5089, 122 N.E.3d 1240, ¶ 4, quoting Jerninghan at 279. Respondent has issued findings fact and conclusions of law in the criminal case Wilson referenced in his complaint. This was the sole claim ......
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State ex rel. Municipal Constr. Equipment Operators' Labor Council v. City of Cleveland, 2004 Ohio 1261 (Ohio App. 3/12/2004), Case No. 83057.
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