Opinion
A24A0908
02-21-2024
POPPELL et al. v. CARDINAL HEALTH, INC. et al.
The Court of Appeals hereby passes the following order:
Appellants have filed a motion to transfer this appeal to the Georgia Supreme Court because Appellees, who consent to the transfer, have filed a cross-appeal in the Supreme Court that challenges the constitutionality of a statute. As Appellants note, because the Supreme Court has exclusive appellate jurisdiction over the constitutional question raised in the cross-appeal, it would also have jurisdiction to consider this appeal. See Metro Atlanta Task Force for the Homeless v. Ichthus, 298 Ga. 221, 223 (780 S.E.2d 311) (2015) (once Supreme Court's jurisdiction is invoked, it may consider appeals and cross-appeals of other rulings in the case); Drake v. Chesser, 230 Ga. 148, 150 (196 S.E.2d 137) (1973) (case transferred to Supreme Court when cross-appeal challenged the constitutionality of a statute). Accordingly, the motion is granted and the above-styled case is hereby transferred to the Georgia Supreme Court.