COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 77652
S/O EX REL., CARMELLA       :
CHAPPELL                    :
                            :      PETITION FOR WRIT OF
     Relator                :
                            :            MANDAMUS
     vs.                    :
                            :
MAGISTRATE DALE LEFFERTS    :
and HONORABLE JUDGE LYNN    :
TOLER and CLEVELAND HEIGHTS :
MUNICIPAL COURT             :
                            :
     Respondents            :
                            :
JUDGMENT                    :      DISMISSED.
DATE OF JOURNALIZATION      :      APRIL 20, 2000
APPEARANCES:
For relator:                DIANE E. CITRINO, Esq.
                            3655 Prospect Avenue, East
                            Cleveland, Ohio 44114-2703
For respondents:            JOHN H. GIBBON
                            Director of Law
                            LAURE A. WAGNER
                            Assistant Director of Law
                            JENNIFER SORCE
                            Assistant Director of Law
                            40 Severance Circle
                            Cleveland Heights, Ohio 44118
                               -2-
     Relator, Carmella Chappell, seeks a writ of mandamus in order
to compel the  respondents, Judge Lynn Toler and Magistrate  Dale
Lefferts,  to transfer the  case of France,  et al. v.  Chappell,
Cleveland Heights Municipal Court Case No. 0027, to the  Cuyahoga
County Court of Common Pleas.  The respondents have filed a motion
to dismiss and a supplemental motion to dismiss which we grant for
the following reason.
     Attached to the respondents' supplemental motion to dismiss is
a copy of a journal entry, as journalized on March 24, 2000, which
demonstrates that the case of France, et al. v. Chappell, Cleveland
Heights Municipal Court Case No. 0027, has been transferred to the
Cuyahoga County Court of Common Pleas for further proceedings.  The
relator's request for a writ of mandamus is thus moot.  State  ex
rel.  Gantt v.  Coleman (1983),  6 Ohio  St.3d 5;  State ex  rel.
Jerningham v. Cuyahoga County Court of Common Pleas (1996), 74 Ohio
St.3d 278.
     Accordingly, we grant the respondents' motion to dismiss and
supplemental motion to dismiss.  Parties to share costs.
     Complaint for a writ of mandamus is dismissed.
KENNETH A. ROCCO, P.J., and
PATRICIA A. BLACKMON, J., CONCUR.
                                   ______________________________
                                        JAMES D. SWEENEY
                                             JUDGE
.