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Williams v. Duke

Supreme Court of Georgia
Jan 23, 1978
242 S.E.2d 67 (Ga. 1978)

Opinion

32970.

SUBMITTED NOVEMBER 11, 1977.

DECIDED JANUARY 23, 1978.

Mandamus. Fulton Superior Court. Before Judge Alverson.

George Williams, Jr., pro se. Griffin Patrick, Jr., Douglas B. Warner, for appellees.


Williams files this pro se appeal from a refusal by the superior court to hold a hearing on his petition for writ of mandamus. Held: Appeal dismissed.

1. It does not appear from the record that the superior court has altogether refused to hear the appellant's mandamus petition. What does appear is that the court has refused to set the matter down for a hearing as expeditiously as the appellant desires. This case is, therefore, still pending in the trial court, and is not appealable without a certificate for immediate review. Code Ann. § 6-701 (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073; 1975, pp. 757, 758).

2. The ruling below has not been reduced to writing, and nowhere in the record do we find an appealable order, judgment, or decision of the lower court. This case is not appealable for this additional reason. See Gibson v. Hodges, 221 Ga. 779 (2) ( 147 S.E.2d 329) (1966).

Appeal dismissed. All the Justices concur.


SUBMITTED NOVEMBER 11, 1977 — DECIDED JANUARY 23, 1978.


Summaries of

Williams v. Duke

Supreme Court of Georgia
Jan 23, 1978
242 S.E.2d 67 (Ga. 1978)
Case details for

Williams v. Duke

Case Details

Full title:WILLIAMS v. DUKE et al

Court:Supreme Court of Georgia

Date published: Jan 23, 1978

Citations

242 S.E.2d 67 (Ga. 1978)
242 S.E.2d 67