Ohio Supreme Court, 1992

State ex rel. Richard v. Wells

State ex rel. Richard v. Wells
Ohio Supreme Court · Decided June 17, 1992 · Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright
64 Ohio St. 3d 76; 591 N.E.2d 1240; 1992 Ohio LEXIS 1336

State ex rel. Richard v. Wells

Opinion of the Court

Per Curiam.

On appeal, appellant submits “evidence” that he did in fact file the motion in question in the court of common pleas on April 30, 1991. Similarly, appellee submits “evidence” that the motion was denied on May 14, 1991, and argues that the mandamus action is now moot.

In Miner v. Witt (1910), 82 Ohio St. 237, 92 N.E. 21, we allowed facts outside the record to show that a case had become moot. Accordingly, we find that the cause is moot, and on that basis we affirm the judgment of the court of appeals.

Judgment affirmed.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

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