Ohio Supreme Court, 1996

State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas.

Ohio Supreme Court · Decided January 10, 1996

1996 Ohio 117; 74 Ohio St. 3d 278

Cases that cite this one

78 later published cases cite this decision. The 25 that cite it most often are listed here.

State ex rel. DeVore v. Adult Parole Auth. (Ohio 2025)
State ex rel. Green v. Saffold (Ohio Ct. App. 2014)
Benson v. Callahan (Ohio Ct. App. 2014)
State ex rel. Varholick v. Donnelly (Ohio Ct. App. 2014)
State ex rel. Brown v. Corrigan (Ohio Ct. App. 2014)
State ex rel. Bogan v. Matia (Ohio Ct. App. 2014)
State ex rel. Burrington v. Saffold (Ohio Ct. App. 2014)
Strowder v. Astrab (Ohio Ct. App. 2014)
State ex rel. Walker v. Donnelly (Ohio Ct. App. 2014)
Henderson v. Saffold (Ohio Ct. App. 2014)
State ex rel. Clayton v. Strickland-Saffold (Ohio Ct. App. 2014)
State ex rel. Waver v. McClelland (Ohio Ct. App. 2014)
State ex rel. Sanchez v. Russo (Ohio Ct. App. 2014)
Sun v. Lyndhurst Mun. Court (Ohio Ct. App. 2013)
State ex rel. Wilmore v. Hayes (Ohio Ct. App. 2013)
Walter v. State (Ohio Ct. App. 2013)
State ex rel. Woodard v. Ambrose (Ohio Ct. App. 2013)
State ex rel. McMichael v. Saffold (Ohio Ct. App. 2013)
State v. Diggs (Ohio Ct. App. 2013)
State ex rel. Marshall v. Cuyahoga Cty. Court of Common Pleas (Ohio Ct. App. 2013)
State ex rel. Williams v. Sutula (Ohio Ct. App. 2012)
State v. Foster (Ohio Ct. App. 2012)
State ex rel. Pettway v. Cuyahoga Cty. Court of Common Pleas (Ohio Ct. App. 2012)
State ex rel. Bradley v. Saffold (Ohio Ct. App. 2012)
State ex rel. Jackson v. Official Court Reporter (Ohio Ct. App. 2012)

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

[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.

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{¶ 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.

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Tommie Jerninghan, Jr., pro se.

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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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Case-law data current through September 30, 2026. Source: CourtListener bulk data.