David John Elliot v. Brian House, Judge
This text of David John Elliot v. Brian House, Judge (David John Elliot v. Brian House, Judge) 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.
Opinion
Court of Appeals of the State of Georgia
ATLANTA,____________________ December 23, 2025
The Court of Appeals hereby passes the following order:
A26E0113. ELLIOTT v. HOUSE, JUDGE.
This petition for a writ of mandamus was filed in the Supreme Court of Georgia and transferred to this Court. Petitioner Elliott asks this Court to order the Catoosa County trial court to issue a ruling on his special demurrer to an indictment issued against him.
According to the Supreme Court of Georgia, we are authorized “to grant a writ of mandamus only in matters related to an appeal or impending appeal, when necessary in aid of appellate jurisdiction or to protect or effectuate appellate court judgments.” Arnold v. Alexander, 321 Ga. 330, 335 (914 SE2d 311) (2025). Because Elliott asks us to issue a writ in a matter not connected to this Court’s appellate jurisdiction, his petition does not satisfy the requirements of Rule 40 (c) and is therefore DENIED.
Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/23/2025 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.
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