Nash N. Tuten v. Tammy Stokes, Judge

Court of Appeals of Georgia

Nash N. Tuten v. Tammy Stokes, Judge

DecidedFebruary 4, 2026

DocketA26E0138

StatusPublished

This text of Nash N. Tuten v. Tammy Stokes, Judge (Nash N. Tuten v. Tammy Stokes, Judge) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nash N. Tuten v. Tammy Stokes, Judge, (Ga. Ct. App. 2026).

Pincite

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 04, 2026

The Court of Appeals hereby passes the following order:

A26E0138. NASH TUTEN v. TAMMY STOKES, JUDGE.

Appellant has petitioned this Court for a Writ of Mandamus ordering the recusal of Judge Tammy Stokes of the Superior Court of Chatham County. But having reviewed Appellant’s petition, this does not appear to be one of the rare instances that will invoke this Court’s original mandamus jurisdiction. In general, “the superior courts of this state have the power, in proper cases, to issue process in the nature of mandamus, prohibition, specific performance, quo warranto, and injunction, and hence the need to resort to the appellate courts for such relief by petition filed in the appellate courts will be extremely rare.” Brown v. Johnson, 251 Ga. 436, 436 (306 SE2d 655) (1983). Thus, before seeking to invoke this Court’s original mandamus jurisdiction, the procedure which must be followed is to first file the petition in the appropriate lower court. See Graham v. Cavender, 252 Ga. 123, 123 (311 SE2d 832) (1984); Expedia, Inc. v. City of Columbus, 305 Ga. App. 450, 455(2)(b) (699 SE2d 600) (2010) (“Except in the rarest of cases, litigants seeking to invoke this Court’s original jurisdiction . . . must first petition the superior court for such relief.”). Being a respondent, the superior court judge will disqualify; another superior court judge “will be appointed to hear and determine the matter[;] and the final decision” then may be appealed to this Court. Graham, 252 Ga. at 123. In this matter, however, it is unclear from Appellant’s petition and the attached exhibits as to whether he filed a petition in the lower court. And Court of Appeals Rule 40(c)(2), in relevant part, provides that a petition for a writ of mandamus “shall [i]nclude sufficient material to apprise the Court of the issues, in context, and to support the arguments advanced. Failure to submit sufficient material to apprise the Court of the issues and support the argument shall result in denial of the motion.” Accordingly, Appellant’s petition is hereby DENIED. See Court of Appeals Rule 40(c)(2).

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/04/2026 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.

Free access — add to your briefcase to read the full text and ask questions with AI

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 04, 2026

The Court of Appeals hereby passes the following order:

A26E0138. NASH TUTEN v. TAMMY STOKES, JUDGE.

Appellant has petitioned this Court for a Writ of Mandamus ordering the recusal of Judge Tammy Stokes of the Superior Court of Chatham County. But having reviewed Appellant’s petition, this does not appear to be one of the rare instances that will invoke this Court’s original mandamus jurisdiction. In general, “the superior courts of this state have the power, in proper cases, to issue process in the nature of mandamus, prohibition, specific performance, quo warranto, and injunction, and hence the need to resort to the appellate courts for such relief by petition filed in the appellate courts will be extremely rare.” Brown v. Johnson, 251 Ga. 436, 436 (306 SE2d 655) (1983). Thus, before seeking to invoke this Court’s original mandamus jurisdiction, the procedure which must be followed is to first file the petition in the appropriate lower court. See Graham v. Cavender, 252 Ga. 123, 123 (311 SE2d 832) (1984); Expedia, Inc. v. City of Columbus, 305 Ga. App. 450, 455(2)(b) (699 SE2d 600) (2010) (“Except in the rarest of cases, litigants seeking to invoke this Court’s original jurisdiction . . . must first petition the superior court for such relief.”). Being a respondent, the superior court judge will disqualify; another superior court judge “will be appointed to hear and determine the matter[;] and the final decision” then may be appealed to this Court. Graham, 252 Ga. at 123. In this matter, however, it is unclear from Appellant’s petition and the attached exhibits as to whether he filed a petition in the lower court. And Court of Appeals Rule 40(c)(2), in relevant part, provides that a petition for a writ of mandamus “shall [i]nclude sufficient material to apprise the Court of the issues, in context, and to support the arguments advanced. Failure to submit sufficient material to apprise the Court of the issues and support the argument shall result in denial of the motion.” Accordingly, Appellant’s petition is hereby DENIED. See Court of Appeals Rule 40(c)(2).

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/04/2026 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.

Cite This Page — Counsel Stack

Bluebook (online)

Nash N. Tuten v. Tammy Stokes, Judge, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nash-n-tuten-v-tammy-stokes-judge-gactapp-2026.

Opinion

Related

Cite This Page — Counsel Stack