Casey Ates v. Annie Doris Holder

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 17, 2019

The Court of Appeals hereby passes the following order:

A19A1000. CASEY ATES v. ANNIE DORIS HOLDER et al.

Prisoner Casey Ates filed an original mandamus petition in this Court. Ates seeks mandamus relief against the probate court for allegedly refusing to file a will. “Generally, the superior courts of this state have the power, in proper cases, to issue process in the nature of mandamus, prohibition, specific performance, quo warranto, and injunction, and hence the need to resort to the appellate courts for such relief by petition filed in the appellate courts will be extremely rare.” Brown v. Johnson, 251 Ga. 436, 436 (306 SE2d 655) (1983). This is not one of the extremely rare instances in which this Court will exercise original mandamus jurisdiction. See Gay v. Owens, 292 Ga. 480, 483 (2) (738 SE2d 614) (2013). Rather, Ates must first seek mandamus relief in the superior court. See Graham v. Cavender, 252 Ga. 123, 123 (311 SE2d 832) (1984). Accordingly, Ates’s petition for writ of mandamus is hereby DISMISSED. See id.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/17/2019 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.