Gerald Powell v. Carroll County Board of Elections and Registration

Court of Appeals of Georgia

Gerald Powell v. Carroll County Board of Elections and Registration

DecidedJanuary 8, 2019

DocketA19D0238

StatusPublished

This text of Gerald Powell v. Carroll County Board of Elections and Registration (Gerald Powell v. Carroll County Board of Elections and Registration) 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.

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Gerald Powell v. Carroll County Board of Elections and Registration, (Ga. Ct. App. 2019).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 03, 2019

The Court of Appeals hereby passes the following order:

A19D0238. GERALD POWELL v. CARROLL COUNTY BOARD OF ELECTIONS AND REGISTRATION.

Gerald Powell filed this application for discretionary review, seeking to appeal an OCGA § 9-15-14 (b) attorney fee award entered in favor of the Carroll County Board of Elections and Registration, in this dispute over Powell’s qualifications to run in the 2017 election for the mayor of the City of Temple. 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 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

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. & Med. Clinic, Inc., 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,____________________ 01/03/2019 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ January 03, 2019

The Court of Appeals hereby passes the following order:

A19D0238. GERALD POWELL v. CARROLL COUNTY BOARD OF ELECTIONS AND REGISTRATION.

Gerald Powell filed this application for discretionary review, seeking to appeal an OCGA § 9-15-14 (b) attorney fee award entered in favor of the Carroll County Board of Elections and Registration, in this dispute over Powell’s qualifications to run in the 2017 election for the mayor of the City of Temple. 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 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

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. & Med. Clinic, Inc., 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,____________________ 01/03/2019 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.

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Gerald Powell v. Carroll County Board of Elections and Registration, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerald-powell-v-carroll-county-board-of-elections-and-registration-gactapp-2019.

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