Baez v. Miller

Supreme Court of Georgia

Baez v. Miller

465 S.E.2d 671, 266 Ga. 211, 96 Fulton County D. Rep. 355, 1996 Ga. LEXIS 24

CourtSupreme Court of Georgia

DecidedJanuary 22, 1996

DocketS95A1780

StatusPublished

Cited by10 cases

This text of 465 S.E.2d 671 (Baez v. Miller) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baez v. Miller, 465 S.E.2d 671, 266 Ga. 211, 96 Fulton County D. Rep. 355, 1996 Ga. LEXIS 24 (Ga. 1996).

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Opinion

Carley, Justice.

In this pro se mandamus action, appellant is the judgment-creditor in a civil case and appellee is the clerk of the trial court wherein appellant’s judgment was obtained. With regard to enforcement of his judgment in the civil case, appellant sought mandamus to compel appellee to issue an execution in accordance with OCGA § 9-13-10. The trial court found that, in fact, appellee had issued the execution and that appellant’s mandamus claim should, therefore, be denied as moot. It is from this order of the trial court that appellant appeals.

Appellant’s contention on appeal appears to be that the trial court’s order must be reversed because appellee failed to introduce a copy of the execution which she issued. This contention is without merit. “[A] trial court may take judicial cognizance, as did the judge here, of records on file in its own court.” Petkas v. Grizzard, 252 Ga. 104, 108 (312 SE2d 107) (1984).

Mandamus is an extraordinary remedy to compel a public officer to perform his or her duty. OCGA § 9-6-20. Having found that appellee performed the public duty which OCGA § 9-13-10 imposes upon her, the trial court denied as moot appellant’s request that mandamus be issued compelling appellee to perform that public duty. On appeal, appellant has shown no reversible error in the trial court’s order and that order must, therefore, be affirmed.

Judgment affirmed.

All the Justices concur.

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Carley, Justice.

In this pro se mandamus action, appellant is the judgment-creditor in a civil case and appellee is the clerk of the trial court wherein appellant’s judgment was obtained. With regard to enforcement of his judgment in the civil case, appellant sought mandamus to compel appellee to issue an execution in accordance with OCGA § 9-13-10. The trial court found that, in fact, appellee had issued the execution and that appellant’s mandamus claim should, therefore, be denied as moot. It is from this order of the trial court that appellant appeals.

Appellant’s contention on appeal appears to be that the trial court’s order must be reversed because appellee failed to introduce a copy of the execution which she issued. This contention is without merit. “[A] trial court may take judicial cognizance, as did the judge here, of records on file in its own court.” Petkas v. Grizzard, 252 Ga. 104, 108 (312 SE2d 107) (1984).

Mandamus is an extraordinary remedy to compel a public officer to perform his or her duty. OCGA § 9-6-20. Having found that appellee performed the public duty which OCGA § 9-13-10 imposes upon her, the trial court denied as moot appellant’s request that mandamus be issued compelling appellee to perform that public duty. On appeal, appellant has shown no reversible error in the trial court’s order and that order must, therefore, be affirmed.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

465 S.E.2d 671, 266 Ga. 211, 96 Fulton County D. Rep. 355, 1996 Ga. LEXIS 24, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baez-v-miller-ga-1996.

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