Bobby H. Smith v. Teresa L. Odum

Court of Appeals of Georgia

Bobby H. Smith v. Teresa L. Odum

DecidedJuly 13, 2020

DocketA20D0408

StatusPublished

This text of Bobby H. Smith v. Teresa L. Odum (Bobby H. Smith v. Teresa L. Odum) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bobby H. Smith v. Teresa L. Odum, (Ga. Ct. App. 2020).

Pincite

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ July 09, 2020

The Court of Appeals hereby passes the following order:

A20D0408. BOBBY H. SMITH v. TERESA L. ODUM.

Long County Probate Judge Bobby H. Smith seeks to appeal the trial court’s order affirming the Long County Board of Elections’ ruling that Teresa L. Odum meets the residency requirements to qualify as a candidate for the office of Probate Judge of Long County. The Supreme Court of Georgia has exclusive appellate jurisdiction over “[a]ll cases of election contest.” Cook v. Bd. of Registrars, 291 Ga. 67, 68 (2) (a) (1) (727 SE2d 478) (2012) (quoting Ga. Const. of 1983 Art. VI, Sec. VI, Para. II (2)). Because the underlying subject matter of this action is an “election contest,” it appears that jurisdiction over this application may lie in the Supreme Court.1 See Cook, 291 Ga. at 71 (2) (a) (3) (“pre-election challenges to the qualifications of a candidate who has filed to run in a pending election for a county or municipal office . . . . qualify as ‘cases of election contest’ within [the Supreme Court’s] jurisdiction”). As the Supreme Court has the ultimate responsibility for determining appellate jurisdiction, see Saxton v. Coastal Dialysis & Med. Clinic, Inc.,

1 Under the Appellate Jurisdiction Reform Act of 2016, the Court of Appeals has appellate jurisdiction over cases involving the denial of a nomination petition in which the notice of appeal or application to appeal is filed on or after January 1, 2017. See Ga. L. 2016, pp. 883, 887, §§ 3-6, 6-1 (c) (codified at OCGA § 21-2-171 (c)). These proceedings do not involve a nomination petition. 267 Ga. 177, 178 (476 SE2d 587) (1996), this application is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 07/09/2020 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

Free access — add to your briefcase to read the full text and ask questions with AI

Court of Appeals of the State of Georgia

ATLANTA,____________________ July 09, 2020

The Court of Appeals hereby passes the following order:

A20D0408. BOBBY H. SMITH v. TERESA L. ODUM.

Long County Probate Judge Bobby H. Smith seeks to appeal the trial court’s order affirming the Long County Board of Elections’ ruling that Teresa L. Odum meets the residency requirements to qualify as a candidate for the office of Probate Judge of Long County. The Supreme Court of Georgia has exclusive appellate jurisdiction over “[a]ll cases of election contest.” Cook v. Bd. of Registrars, 291 Ga. 67, 68 (2) (a) (1) (727 SE2d 478) (2012) (quoting Ga. Const. of 1983 Art. VI, Sec. VI, Para. II (2)). Because the underlying subject matter of this action is an “election contest,” it appears that jurisdiction over this application may lie in the Supreme Court.1 See Cook, 291 Ga. at 71 (2) (a) (3) (“pre-election challenges to the qualifications of a candidate who has filed to run in a pending election for a county or municipal office . . . . qualify as ‘cases of election contest’ within [the Supreme Court’s] jurisdiction”). As the Supreme Court has the ultimate responsibility for determining appellate jurisdiction, see Saxton v. Coastal Dialysis & Med. Clinic, Inc.,

1 Under the Appellate Jurisdiction Reform Act of 2016, the Court of Appeals has appellate jurisdiction over cases involving the denial of a nomination petition in which the notice of appeal or application to appeal is filed on or after January 1, 2017. See Ga. L. 2016, pp. 883, 887, §§ 3-6, 6-1 (c) (codified at OCGA § 21-2-171 (c)). These proceedings do not involve a nomination petition. 267 Ga. 177, 178 (476 SE2d 587) (1996), this application is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 07/09/2020 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

Cite This Page — Counsel Stack

Bluebook (online)

Bobby H. Smith v. Teresa L. Odum, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bobby-h-smith-v-teresa-l-odum-gactapp-2020.

Opinion

Related

Cite This Page — Counsel Stack