Kathryn Dressler v. Charles P. Rose, Jr., Judge

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 17, 2026

The Court of Appeals hereby passes the following order:

A27O0001. KATHRYN DRESSLER v. CHARLES P. ROSE, JR., JUDGE et al.

Kathryn Dressler filed this original mandamus petition in the Supreme Court of Georgia, which transferred the matter to this Court. See Case No. S26M1802 (July 27, 2026). For reasons that follow, her petition is dismissed.

In May 2025, Dressler filed an emergency ex parte petition in McIntosh County Superior Court, in Georgia, seeking temporary custody of her daughter, and the court dismissed her petition on the basis that there was already a pending custody action in Florida. A few days later, also in McIntosh County Superior Court, the child’s father filed an emergency petition for immediate enforcement of a Florida judgment awarding him custody of the child, which was granted. It does not appear that Dressler appealed from either of the superior court orders. Dressler’s original mandamus petition names the superior court judges as the respondents, and seeks “immediate extraordinary relief,” including a determination that the superior court exceeded its authority in facilitating the child’s removal to Florida.

Both the superior and appellate courts of this state “have the power to issue process in the nature of mandamus, prohibition, specific performance, quo warranto, and injunction.” Ga. Const. of 1983, Art. VI, Sec. I, Par. IV. However, as the Supreme Court has made clear, an appellate court’s authority to issue such writs is limited; the constitutional provision does not grant appellate courts jurisdiction “to issue process as an original matter wholly unconnected to its appellate jurisdiction.” Arnold v. Alexander, 321 Ga. 330, 334(1) (914 SE2d 311) (2025) (quotation marks omitted). Thus, this Court may only grant a writ of mandamus “in matters related to an appeal or impending appeal, when necessary in aid of appellate jurisdiction or to protect or effectuate appellate court judgments.” Id. at 335. Here, Dressler has not shown that her mandamus petition is related to any appeal or impending appeal, or is necessary in aid of our appellate jurisdiction or to effectuate any appellate court judgments. For this reason, her petition is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/17/2026

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.