Chandler v. Davis, S98A0961.
| Decision Date | 14 September 1998 |
| Docket Number | No. S98A0961.,S98A0961. |
| Citation | 269 Ga. 727,504 S.E.2d 440 |
| Parties | CHANDLER v. DAVIS et al. |
| Court | Georgia Supreme Court |
OPINION TEXT STARTS HERE
Wallace Chandler, Waycross, pro se.
Gregory Tyson Talley, Robert Clay Powell, Coleman, Talley, Newbern, Kurrie, Preston & Holland, LLP, Valdosta, Mrs. Davis, Owner of McDonalds et al.
Judge Steve Jackson dismissed Chandler's complaint against Davis for failure to state a claim, and the Court of Appeals reversed. Thereafter, Chandler filed a motion to recuse Judge Jackson, which Judge Joseph Newton heard and denied. Chandler then attempted to file a pro se petition for mandamus, along with a form denominated as an "application to proceed without payment of fees." Chandler's petition stated that the issue was whether Judge Jackson should recuse himself. Pursuant to OCGA § 9-15-2(d), Judge Newton entered an order which denied filing of Chandler's petition because it "shows on its face a complete absence of any justiciable issue of law or fact such that it cannot be reasonably believed that any relief could be granted against any party named" therein. It is from this order that Chandler appeals.
Chandler's motion to recuse Judge Jackson already has been considered by Judge Newton and denied on the merits. Chandler could have sought an interlocutory appeal from the order denying his motion to recuse, and he still may pursue that issue in the context of a direct appeal from an adverse final judgment. Jersawitz v. Riley, 269 Ga. 546, 500 S.E.2d 579 (1998). To obtain reversal of a judicial order, VanAlstine v. Roach, 265 Ga. 820, 821, 461 S.E.2d 539 (1995). Since mandamus is not an appropriate remedy in this case, the trial court properly denied filing under OCGA § 9-15-2(d).
Judgment affirmed.
All the Justices concur.
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Murphy v. Murphy
...or to appeal directly after an adverse final judgment See White v. Lumpkin, 272 Ga. 398, 529 S.E.2d 879 (2000); Chandler v. Davis, 269 Ga. 727, 728, 504 S.E.2d 440 (1998). We, too, have held that the appeal of an interlocutory order denying a motion to recuse “requires compliance with the i......
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Ford Motor Co. v. Lawrence
...(mandamus not available to review judicial decision that issues were not properly raised for appellate review); Chandler v. Davis, 269 Ga. 727, 728, 504 S.E.2d 440 (1998) (mandamus not available to review judicial decision not to recuse trial judge); Henderson v. McVay, supra, 269 Ga. at 8,......
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Murphy v. Murphy
...or to appeal immediately after an adverse final judgment. White v. Lumpkin, 272 Ga. 398, 529 S.E.2d 879 (2000); Chandler v. Davis, 269 Ga. 727, 728, 504 S.E.2d 440 (1998). ...
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