CATOOSA COUNTY REPUBLICAN PARTY v. STEVEN M. HENRY

• Court: Court of Appeals of Georgia
• Decided: April 12, 2024
• Docket: A24A1234
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 12, 2024

The Court of Appeals hereby passes the following order:

A24A1234. CATOOSA COUNTY REPUBLICAN PARTY et al. v. STEVEN M. HENRY et al.

In this action seeking to prohibit the respondents from preventing the

qualification of petitioners as Republican candidates for county offices, the

respondents appeal from a trial court order that, inter alia, issued injunctive relief to

the effect that each of the petitioners “is entitled to qualify with the Catoosa County

election superintendent at their offices” for a county election. The petitioners have

filed a motion to transfer this appeal to the Supreme Court of Georgia.

The Supreme Court “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, Par. II (2)). Because the

underlying subject matter of this action is an “election contest,” it appears that

jurisdiction over this appeal may lie in the Supreme Court. See Cook, 291 Ga. at 71 (2)

(a) (3) (observing that various pre-election “candidacy challenges . . . qualify as ‘cases

of election contest’ within [the Supreme] Court’s jurisdiction”). Further, the

Supreme Court has the ultimate responsibility for determining appellate jurisdiction.

See Saxton v. Coastal Dialysis & Med. Clinic, 267 Ga. 177, 178 (476 SE2d 587) (1996). Accordingly, the petitioners’ motion to transfer is GRANTED, and this appeal is

hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/12/2024 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.