Opinion
A24A1111
03-13-2024
SANDRA BONITA MARSHALL v. JEFFERY F. LUNDY.
The Court of Appeals hereby passes the following order:
Sandra Bonita Marshall brought this action challenging the qualifications of Jeffery F. Lundy to hold his elected position as mayor of the City of Fort Valley. After the trial court ruled adversely to Marshall, the court granted Lundy's motion for an award of attorney fees under OCGA § 9-15-14. Marshall now appeals that award directly to this Court.
The Supreme Court "has exclusive appellate jurisdiction over '[a]ll cases of election contest.'"Cook v. Bd. of Registrars, 291 Ga. 67, 68 (2) (a) (1) (727 S.E.2d 478) (2012) (quoting Ga. Const. of 1983, Art. VI, Sec. VI, Par. II (2)). Because the underlying subject matter of this action is an "election contest," it appears that jurisdiction over this appeal may lie in the Supreme Court. See Davis v. Dunn, 286 Ga. 582 (690 S.E.2d 389) (2010) (exercising jurisdiction over appeal from award of OCGA § 9-15-14 attorney fees in an election contest case). Further, the Supreme Court has the ultimate responsibility for determining appellate jurisdiction. See Saxton v. Coastal Dialysis &Med. Clinic, 267 Ga. 177, 178 (476 S.E.2d 587) (1996). Accordingly, this appeal is TRANSFERRED to the Supreme Court for disposition.