COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 73312 STATE OF OHIO, ex rel. : ROSE COPLEY : : PETITION FOR WRIT OF Relator : MANDAMUS : vs. : MOTION NO. 89903 : HONORABLE WILLIAM F. CHINNOCK : JOURNAL ENTRY AND OPINION COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : DATE OF ANNOUNCEMENT OF DECISION : DECEMBER 24, 1997 JUDGMENT : WRIT DENIED. DATE OF JOURNALIZATION : APPEARANCES: For relator : JAMES A. DRAPER Cuyahoga County Public Defender AUTUMN BASIL, Assistant 1200 West 3rd Street Cleveland, Ohio 44113 For respondent : WILLIAM F. CHINNOCK, pro se Judge of Cuyahoga County Juvenile Court 1263 East 22nd Street Cleveland, Ohio 44115 -2- JAMES D. SWEENEY, C.J.: Relator avers that she is the mother of the children in In re: Copley, Cuyahoga County Juvenile Court Case Nos. 9791959-9791961, which have been assigned to respondent judge. Relator complains that, although respondent issued findings of fact and conclusions of law on August 14, 1997, the clerk has not journalized the findings of fact and conclusions of law. Relator requests that this court compel respondent "to cause the clerk to enter its order upon the journal and serve the parties." Complaint, ad damnum clause. Respondent has filed a motion to dismiss or, in the alternative, for summary judgment (Motion No. 88056), attached to which is a copy of the findings of fact and conclusions of law issued by respondent. The findings of fact and conclusions of law were filed and journalized by the clerk on August 20, 1997. Relator has not opposed respondent's motion. Respondent argues, inter alia, that there is no factual basis for this action in mandamus. We agree. Furthermore, "the relief requested has been performed." State ex rel. Crim v. Villanueva (June 19, 1996), Cuyahoga App. No. 70635, unreported. Accordingly, respondent's motion for summary judgment is granted. Relator to pay costs. Writ denied. -3- .