JOSEPH POPPELL v. CARDINAL HEALTH, INC.

• Court: Court of Appeals of Georgia
• Decided: February 21, 2024
• Docket: A24A0908
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 21, 2024

The Court of Appeals hereby passes the following order:

A24A0908. POPPELL et al. v. CARDINAL HEALTH, INC. et al.

Appellants have filed a motion to transfer this appeal to the Georgia Supreme Court because Appellees, who consent to the transfer, have filed a cross-appeal in the Supreme Court that challenges the constitutionality of a statute. As Appellants note, because the Supreme Court has exclusive appellate jurisdiction over the constitutional question raised in the cross-appeal, it would also have jurisdiction to consider this appeal. See Metro Atlanta Task Force for the Homeless v. Ichthus , 298 Ga. 221, 223 (780 SE2d 311) (2015) (once Supreme Court’s jurisdiction is invoked, it may consider appeals and cross-appeals of other rulings in the case); Drake v. Chesser, 230 Ga. 148, 150 (196 SE2d 137) (1973) (case transferred to Supreme Court when cross-appeal challenged the constitutionality of a statute). Accordingly, the motion is granted and the above-styled case is hereby transferred to the Georgia Supreme Court.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/21/2024 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.