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.