State ex rel. Breaux v. Court of Common Pleas of Cuyahoga Cnty., 363 N.E.2d 743 (Ohio 1977). · Go Syfert
Search
State ex rel. Breaux v. Court of Common Pleas of Cuyahoga Cnty., 363 N.E.2d 743 (Ohio 1977). Cases Citing This Book View Copy Cite
G Cite
cited 5× by 4 distinct cases, 2002–2025↑ Rising · …a writ of mandamus will not issue to compel a public official to perform a legal duty which has been completed. at p. 164 ✓
cited 4× by 1 distinct case · …a writ of mandamus will not issue to compel a public official to perform a legal duty which has been completed ✓
34 citation events (19 in the last 25 years) across 2 distinct courts.
Strongest positive: State ex rel. Bazetta Twp. v. Yoder (ohioctapp, 2025-10-27)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State ex rel. Bazetta Twp. v. Yoder
Ohio Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
a writ of mandamus will not issue to compel a public official to perform a legal duty which has been completed.
examined Cited as authority (quoted) State ex rel. Reese v. Logan (2×)
Ohio Ct. App. · 2019 · quote attribution · 2 verbatim quotes · confidence low
a writ of mandamus will not issue to compel a public official to perform a legal duty which has been completed.
examined Cited as authority (quoted) State ex rel. Paluch v. Zita (Slip Opinion) (4×)
Ohio · 2014 · quote attribution · 4 verbatim quotes · confidence low
a writ of mandamus will not issue to compel a public official to perform a legal duty which has been completed
cited Cited as authority (rule) State ex rel. Baughman Twp. v. Underwood
Ohio Ct. App. · 2024 · confidence medium
Breaux v. Court of Common Pleas of Cuyahoga Cnty., 50 Ohio St.2d 164, 164 (1977).
cited Cited as authority (rule) State ex rel. Watkins v. Sezon
Ohio Ct. App. · 2017 · confidence medium
Breaux v. Court of Common Pleas of Cuyahoga Cty., 50 Ohio St.2d 164, 164 (1977) (citations omitted).
Retrieving the full opinion text from the archive…
The State, ex rel. Breaux
v.
Court of Common Pleas of Cuyahoga County
No. 77-282.
Ohio Supreme Court.
Jun 8, 1977.
363 N.E.2d 743
1977 Ohio LEXIS 396
Mr. Jules Breaux, pro se. , Mr. John T. Corrigan, prosecuting attorney, and Ms. Mary A. Lentz, for appellee.
Brown, Celebrezze, Herbert, Locheb, Neill, Sweeney.
Cited by 20 opinions  |  Published
2 passages pin-cited by 3 cases
Pinpoint authority: #28,425 of 633,719
Citer courts: Ohio Supreme Court (4) · Ohio Court of Appeals (3)
Per Curiam.

This is an appeal of right from the dismissal of appellant’s complaint for a writ of mandamus filed in the Court of Appeals.

Appellant seeks an order to require the Court of Common Pleas of Cuyahoga County to act on a motion to suspend sentence filed by him in that court.

The Court of Appeals dismissed the complaint in mandamus because the Court of Common Pleas had acted on appellant’s motion by denying it, thus rendering the complaint moot.

Appellant does not deny that his motion has been acted upon, but argues that it should not have been denied.

A writ of mandamus will not issue to compel a public official to perform a legal duty which has been completed. State, ex rel. Bowman, v. Asmann (1925), 113 Ohio St. 394.

Since the Court of Common Pleas has ruled on the subject motion, the matter was properly found to be moot by the Court of Appeals and its judgment is hereby affirmed.

Judgment affirmed.

O’Neill, C. J., Herbert, Celebrezze, W. Brown, P. Brown, Sweeney and Locheb, JJ., concur.