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Byrd v. City of Atlanta

Supreme Court of Georgia
Jun 17, 1996
471 S.E.2d 852 (Ga. 1996)

Opinion

S96A0954.

DECIDED JUNE 17, 1996. RECONSIDERATION DENIED JULY 12, 1996.

Mandamus. Fulton Superior Court. Before John Long.

Robert A. Maxwell, for appellant.

June D. Green, Clifford E. Hardwick IV, Rolesia D. Butler, for appellees.


The city fired Maggie Byrd from her job with the Atlanta Police Department for violating work rules. The Atlanta Civil Service Board modified the dismissal to a 30-day suspension, but failed to award back pay. Byrd did not appeal that decision. She filed this mandamus action seeking an order directing the city attorney to approve her back pay.

The writ of mandamus is an extraordinary remedy that is available only when the petitioner has a clear legal right to the relief sought and there is no other adequate legal remedy. In granting the city's motion to dismiss, the trial court ruled that Byrd could have challenged the civil service board's omission of back pay by appealing its decision to the superior court by writ of certiorari. Because we agree that Byrd had an adequate legal remedy that she failed to exercise, we affirm.

Thompson v. Paulk, 265 Ga. 479 ( 457 S.E.2d 665) (1995).

Judgment affirmed. All the Justices concur.


DECIDED JUNE 17, 1996 — RECONSIDERATION DENIED JULY 12, 1996.


Summaries of

Byrd v. City of Atlanta

Supreme Court of Georgia
Jun 17, 1996
471 S.E.2d 852 (Ga. 1996)
Case details for

Byrd v. City of Atlanta

Case Details

Full title:BYRD v. CITY OF ATLANTA ET AL

Court:Supreme Court of Georgia

Date published: Jun 17, 1996

Citations

471 S.E.2d 852 (Ga. 1996)
471 S.E.2d 852