# State ex rel. Richard v. Wells

> Ohio Supreme Court · June 17, 1992 · 64 Ohio St. 3d 76

URL: https://www.frixlaw.com/law-library/cases/6765302

## Case

- **Full name:** The State, ex rel. Richard v. Wells, Judge
- **Court:** Ohio Supreme Court
- **Decided:** June 17, 1992
- **Citations:** 64 Ohio St. 3d 76; 591 N.E.2d 1240; 1992 Ohio LEXIS 1336
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6765302

## How later opinions describe it (automated extraction)

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

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6765302. Public record. Not legal advice.