MacDougald v. Phillips

Supreme Court of Georgia

MacDougald v. Phillips

425 S.E.2d 652, 262 Ga. 778, 93 Fulton County D. Rep. 484, 1993 Ga. LEXIS 293

CourtSupreme Court of Georgia

DecidedFebruary 5, 1993

DocketS92A1181

StatusPublished

Cited by7 cases

This text of 425 S.E.2d 652 (MacDougald v. Phillips) 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.

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MacDougald v. Phillips, 425 S.E.2d 652, 262 Ga. 778, 93 Fulton County D. Rep. 484, 1993 Ga. LEXIS 293 (Ga. 1993).

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Opinion

Hunt, Presiding Justice.

This is an appeal from the trial court’s grant of Phillips’ motion to dismiss this action for quo warranto, and award of attorney fees to the respondent. The trial court properly dismissed this action for quo warranto because Phillips — a professor and the department chairman of the criminal justice department of a state college, as well as the director of the Criminal Justice Institute at that college — does not hold office within the meaning of the quo warranto statutes. OCGA § 9-6-60 et seq. See generally McDuffie v. Perkerson, 178 Ga. 230 (173 SE 151) (1933).

Phillips concedes the trial court’s order does not contain any findings of fact which would support the award of attorney fees. Accordingly, this appeal is remanded to the trial court for findings of fact which would support such an award, or to vacate that award. See Porter v. Felker, 261 Ga. 421, 422 (3) (405 SE2d 31) (1991).

Judgment affirmed in part, reversed in part, and remanded.

Clarke, C. J., Benham, Fletcher, Sears-Collins, Hunstein, JJ., and Judge Don A. Langham concur. *779 Decided February 5, 1993 Reconsideration denied February 25, 1993. Brown & Scoccimaro, Jimmie H. Brown, Knight & Marlowe, Terry J. Marlowe, for appellant. McKee & Barge, Patrick W. McKee, Christopher J. Ramig, for appellee. Peterson, Dillard, Young, Self & Asselin, Thomas O. Marshall, MacDougald & Hendon, Daniel MacDougald III, Johnson & Montgomery, Harry W. MacDougald, amici curiae.

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Hunt, Presiding Justice.

This is an appeal from the trial court’s grant of Phillips’ motion to dismiss this action for quo warranto, and award of attorney fees to the respondent. The trial court properly dismissed this action for quo warranto because Phillips — a professor and the department chairman of the criminal justice department of a state college, as well as the director of the Criminal Justice Institute at that college — does not hold office within the meaning of the quo warranto statutes. OCGA § 9-6-60 et seq. See generally McDuffie v. Perkerson, 178 Ga. 230 (173 SE 151) (1933).

Phillips concedes the trial court’s order does not contain any findings of fact which would support the award of attorney fees. Accordingly, this appeal is remanded to the trial court for findings of fact which would support such an award, or to vacate that award. See Porter v. Felker, 261 Ga. 421, 422 (3) (405 SE2d 31) (1991).

Judgment affirmed in part, reversed in part, and remanded.

Clarke, C. J., Benham, Fletcher, Sears-Collins, Hunstein, JJ., and Judge Don A. Langham concur. *779 Decided February 5, 1993 Reconsideration denied February 25, 1993. Brown & Scoccimaro, Jimmie H. Brown, Knight & Marlowe, Terry J. Marlowe, for appellant. McKee & Barge, Patrick W. McKee, Christopher J. Ramig, for appellee. Peterson, Dillard, Young, Self & Asselin, Thomas O. Marshall, MacDougald & Hendon, Daniel MacDougald III, Johnson & Montgomery, Harry W. MacDougald, amici curiae.

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425 S.E.2d 652, 262 Ga. 778, 93 Fulton County D. Rep. 484, 1993 Ga. LEXIS 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macdougald-v-phillips-ga-1993.

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