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Nally v. Howell

Supreme Court of Georgia
Apr 14, 1997
487 S.E.2d 600 (Ga. 1997)

Opinion

S97A0201.

DECIDED APRIL 14, 1997 — RECONSIDERATION DENIED MAY 30, 1997.

Mandamus. Bartow Superior Court. Before Judge McCombs, Senior Judge.

Paul L. Nally, pro se.

Michael J. Bowers, Attorney General, Rebecca S. Mick, Assistant Attorney General, for appellee.


Following a contractual dispute between Paul Nalley and Bennett Motor Express ("Bennett"), Nalley met with Judge Shepherd Howell and presented him with an application for a criminal warrant, asserting Bennett and its executive officers had committed the offense of theft by taking. Judge Howell declined to issue a warrant, taking the position that the dispute should be pursued civilly, not criminally. Because Nalley could not appeal in the absence of a written order, Nalley filed a petition for mandamus to compel Judge Howell to render his refusal to issue a warrant in writing. The petition was dismissed for failure to state a claim and Nalley appealed.

1. Mandamus will not issue to compel a judicial officer to issue an arrest warrant in the absence of a gross abuse of discretion. Chisholm v. Cofer, 264 Ga. 512 ( 448 S.E.2d 369) (1994); Jersawitz v. Bodiford, 258 Ga. 829 ( 377 S.E.2d 502) (1989). We find no abuse of discretion in the refusal to issue an arrest warrant in this case. Chisholm v. Cofer, supra.

2. In light of our ruling in division 1, we need not decide whether Judge Howell's refusal to issue an arrest warrant should have been reduced to a writing.

Judgment affirmed. All the Justices concur.


DECIDED APRIL 14, 1997 — RECONSIDERATION DENIED MAY 30, 1997.


Summaries of

Nally v. Howell

Supreme Court of Georgia
Apr 14, 1997
487 S.E.2d 600 (Ga. 1997)
Case details for

Nally v. Howell

Case Details

Full title:NALLY v. HOWELL

Court:Supreme Court of Georgia

Date published: Apr 14, 1997

Citations

487 S.E.2d 600 (Ga. 1997)
487 S.E.2d 600

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