Lewis v. Schreeder, Wheeler & Flint
This text of 455 S.E.2d 588 (Lewis v. Schreeder, Wheeler & Flint) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Thomas G. Lewis filed a petition for writ of mandamus against a law firm, two judges, and a sheriff seeking damages and a ruling to compel them to vacate his June 1994 convictions for simple battery and obstruction of an officer. As an extraordinary remedy, mandamus [350]*350may issue to compel the performance of official duties only when “there is no other specific legal remedy.” OCGA § 9-6-20. Mandamus may not be used to reverse a criminal conviction, assert a tort claim, or sue a private law firm. See OCGA § 5-6-33 (a) (criminal defendants have the right to appeal a judgment); OCGA § 51-1-6 (injured persons may recover damages in tort action for breach of a legal duty); OCGA § 9-6-21 (a) (mandamus not a private remedy). Therefore, we affirm the trial court’s denial of Lewis’ petition.
Judgment affirmed.
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Cite This Page — Counsel Stack
455 S.E.2d 588, 265 Ga. 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-schreeder-wheeler-flint-ga-1995.