Opinion

State ex rel. Richard v. Wells

  • 64 Ohio St. 3d 76
  • 591 N.E.2d 1240
  • 1992 Ohio LEXIS 1336
Court
Ohio Supreme Court
Filed
Jun 17, 1992
Status
Published
On the bench
Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright
Cited by
25 cases
Authority
More cited than 89.9%

concluding that mootness can be determined based on evidence submitted by the parties

How later courts described this case

  • concluding that mootness can be determined based on evidence submitted by the parties
  • relying on evidence submitted by the parties on appeal to conclude that a case was moot

Written by the judges who cited it.

The opinion

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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