Fred L. Murray, Jr. v. U-Haul Company Incorporated

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ May 16, 2013

The Court of Appeals hereby passes the following order:

A13D0385. FRED L. MURRAY, JR. v. U-HAUL COMPANY INCORPORATED.

Fred L. Murray, Jr. sought to file an in forma pauperis complaint against U- Haul Company Incorporated, seeking injunctive relief. The trial court denied the filing under OCGA § 9-15-2 (d) after finding that the proposed complaint showed a complete absence of any justiciable issue of law or fact. Murray then filed this application for discretionary appeal. An order denying filing under OCGA § 9-15-2 (d) is not in and of itself subject to the discretionary appeal procedure requirements of OCGA § 5-6-35. Moreover, no provision of subsection (a) of OCGA § 5-6-35 is applicable to this case. The order, therefore, is directly appealable, and Murray’s application for appeal is hereby GRANTED as required under OCGA § 5-6-35 (j). Murray shall have ten days from the date of this order to file a notice of appeal with the trial court, which is instructed to include a copy of this order in the appeal record transmitted to this Court.

Court of Appeals of the State of Georgia 05/16/2013 Clerk’s Office, Atlanta,__________________ 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.