Lewis v. Schreeder, Wheeler & Flint

455 S.E.2d 588, 265 Ga. 349

Opinion

Per curiam.

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 may 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.

Decided April 10, 1995. Thomas G. Lewis, pro se. Gregory K. Hecht, Donald M. Comer, Schreeder, Wheeler & Flint, Charles L. Schreeder III, Debra A. Wilson, for appellees.

Judgment affirmed.

All the Justices concur.