Ohio Supreme Court, 1977

State ex rel. Breaux v. Court of Common Pleas of Cuyahoga County

Ohio Supreme Court · Decided June 8, 1977 · Brown, Celebrezze, Herbert, Locheb, Neill, Sweeney

50 Ohio St. 2d 164; 363 N.E.2d 743; 4 Ohio Op. 3d 352; 1977 Ohio LEXIS 396

Cases that cite this one

19 later published cases cite this decision.

State ex rel. Paluch v. Zita (Slip Opinion) (Ohio 2014)
State ex rel. Plain Dealer v. Ohio Dept. of Insurance (Ohio 1997)
State ex rel. The Plain Dealer v. Ohio Dept. of Ins. (Ohio 1997)
State ex rel. Gantt v. Coleman (Ohio 1983)
State ex rel. Baughman Twp. v. Underwood (Ohio Ct. App. 2024)
State ex rel. Whittington v. Sutula (Ohio Ct. App. 2023)
Javitch Block, L.L.C. v. Shaughnessy (Ohio Ct. App. 2021)
State ex rel. Reese v. Logan (Ohio Ct. App. 2019)
Martin v. Judges of the Lucas County Court of Common Pleas (Ohio 1990)
State, Ex Rel. Hartlaub v. Morgan (Ohio Ct. App. 1989)
State ex rel. Hunt v. Shoemaker (Ohio 1985)
State ex rel. Bazetta Twp. v. Yoder (Ohio Ct. App. 2025)
State ex rel. McNew v. Ohio Dept. of Rehab. & Corr. (Ohio Ct. App. 2024)
State ex rel. Hook-N-Haul, L.L.C. v. Ohio Dept. of Pub. Safety (Ohio Ct. App. 2023)
State ex rel. Watkins v. Sezon (Ohio Ct. App. 2017)
State Ex Rel. Gms Mgmt. v. Wellington, Unpublished Decision (1-7-2004) (Ohio Ct. App. 2004)
State Ex Rel. Kerr v. Cronin, Unpublished Decision (11-5-2002) (Ohio Ct. App. 2002)
State Ex Rel. Turnage v. Court, Com. Pleas, Unpublished Decision (9-5-2002) (Ohio Ct. App. 2002)
State Ex Rel. Jackson v. Erie County Court, Unpublished Decision (8-1-2000) (Ohio Ct. App. 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

This is an appeal of right from the dismissal of appellant’s complaint for a writ of mandamus filed in the Court of Appeals.

Appellant seeks an order to require the Court of Common Pleas of Cuyahoga County to act on a motion to suspend sentence filed by him in that court.

The Court of Appeals dismissed the complaint in mandamus because the Court of Common Pleas had acted on appellant’s motion by denying it, thus rendering the complaint moot.

Appellant does not deny that his motion has been acted upon, but argues that it should not have been denied.

A writ of mandamus will not issue to compel a public official to perform a legal duty which has been completed. State, ex rel. Bowman, v. Asmann (1925), 113 Ohio St. 394.

Since the Court of Common Pleas has ruled on the subject motion, the matter was properly found to be moot by the Court of Appeals and its judgment is hereby affirmed.

Judgment affirmed.

O’Neill, C. J., Herbert, Celebrezze, W. Brown, P. Brown, Sweeney and Locheb, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.