State v. McMonagle, Unpublished Decision (8-3-2000)
State v. McMonagle, Unpublished Decision (8-3-2000)
Opinion of the Court
Respondent has filed a motion to dismiss attached to which is a copy of the findings of fact and conclusions of law issued by respondent and received for filing by the clerk on June 20, 2000. Relator has not opposed the motion. Respondent argues that this action in mandamus is, therefore, moot. We agree.
Additionally, we note that dismissal is appropriate in this case despite the fact that the motion to dismiss presents matters outside the pleading. Civ.R. 12(B) and 56. A court may take judicial notice of mootness. In fact, `an event that causes a case to be moot may be proved by extrinsic evidence outside the record.' Pewitt v. Lorain Correctional Inst. (1992),
Accordingly, respondent's motion to dismiss is granted. Respondent to pay costs.
TERRENCE O'DONNELL, J., CONCURS.
_________________________________ ANN DYKE, ADMINISTRATIVE JUDGE
Case-law data current through December 31, 2025. Source: CourtListener bulk data.