Opinion
A24D0331
05-14-2024
WASHINGTON DAVIS v. SHUKURA L. INGRAM, JUDGE.
The Court of Appeals hereby passes the following order:
Based on the extremely limited application materials, it appears that Washington Davis filed a mandamus petition in the superior court against Judge Shukura Ingram, seeking summary judgment in his favor in a different action. The superior court dismissed the petition, ruling that Davis was not entitled to mandamus relief. Davis then filed a timely application for discretionary review in the Supreme Court, which transferred the matter here upon finding no basis for jurisdiction there. See Case No. S24D0787 (Apr. 11, 2024).
Although Davis's filing was titled "Petition for a Writ of Mandamus," the Supreme Court interpreted it as an application for discretionary review of the superior court's order. We will do likewise.
OCGA § 5-6-34 (a) (7) permits a direct appeal from a judgment "granting or refusing to grant mandamus[.]" See Carson v. Brown, 348 Ga.App. 689, 690 (1) (a) (824 S.E.2d 605) (2019). No provision of the discretionary appeal statute, OCGA § 5-635, appears to apply here.
We will grant a timely application for discretionary appeal if the lower court's order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED, and Davis shall have ten days from the date of this order to file a notice of appeal with the superior court. The clerk of the superior court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.