Mathis Kearse Wright, Jr. v. the City of Americus

• Court: Court of Appeals of Georgia
• Decided: August 23, 2017
• Docket: A18A0121
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 23, 2017

The Court of Appeals hereby passes the following order:

A18A0121. MATHIS KEARSE WRIGHT, JR. v. THE CITY OF AMERICUS et al.

In this civil action, plaintiff Mathis Wright, Jr., appeals from the trial court’s

order granting summary judgment to defendants the City of Americus and its mayor

and city council. In the order appealed from, the trial court, inter alia, rejected

Wright’s First Amendment challenge to a city ordinance.

The Supreme Court “has exclusive jurisdiction over all cases involving

construction of the Constitution of the State of Georgia and of the United States and

all cases in which the constitutionality of a law, ordinance, or constitutional provision

has been called into question.” Atlanta Independent School System v. Lane, 266 Ga.

657, 657 (1) (469 SE2d 22) (1996) (citing Ga. Const. of 1983, Art. VI, Sec. VI, Par.

II (1)). Because the trial court addressed and rejected Wright’s claim calling into

question the constitutionality of a city ordinance, it appears that jurisdiction over this

appeal lies in the Supreme Court. See Airport Book Store, Inc. v. Jackson, 242 Ga.

214, 217-219 & n. 3 (248 SE2d 623) (1978). As the Supreme Court has the ultimate

responsibility for determining appellate jurisdiction, see Saxton v. Coastal Dialysis & Med. Clinic, Inc., 267 Ga. 177, 178 (476 SE2d 587) (1996), this appeal is hereby

TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/23/2017 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.