2001

This case was located from COA orders book. It is possible that Supreme Court did not seek to locate any Inter Apps that were transferred when they ran the orders I have used to make this compilations. Inter App S01I1834 Andy Blalock v. Leckie TRansfer to COA 10/01/01. appeal denial of mot for sum j in dispossessory action. Not title to land. Carley dissented.

Citation: 235 Ga. 47 (1975)

A01I0039 Dkt 10/01/01 Den 10/23/01

Disc App A01D0184. Dkt 1/17/01. Transfer to Sup 1/30/01.

S01D0682 Heather Stewart v. Buchhammer. Transfer back to COA 2/16/01.

COA classify as enforcement of chld custody rights vested by settlement agreement and divorce decree. SUP state action is for contempt. Is post-decree child custody action not arise from initial divorce decree. Citations: 247 Ga. 26, 243 Ga. 863, 256 Ga. 507.

A01D0213 Dkt 2/19/01. Denied 3/16/01

Disc App S01D0723 Central of Ga Railroad Co. v. Harold F. Reheis. Order Trans to COA 3/2/01.

NT says SUP because application of Ga Safe Dams Act of 1978 violates Ga & US Consti. SUP prior precedent super ct did not distinctly pass on any consti challenge; also not involve title to land within Art VI Ga Consti.

Citations: 231 Ga 54, 223 Ga App. 603; 215 Ga App. 603

A01D0232 Dkt 3/7/01. Denied 3/22/01

Disc App S01D0760. DeLeona Ray v. Johnny R. Tatum (at some point pro se). Order Trans to COA 3/2/01.

NT seek review of juv ct order deny new trial in depriv action on issues of depriv, legitimation and custody. SUP not involve issues of divorce and alimony.

A01D0233 Dkt depriv. 3/7/01. Dism. 4/5/01

Disc App S01D0772 Cedric Cole v. State. Order trans to COA 3/2/01.

NT prisoner seek review of denial of new trial in robbery conviction. SUP not have juris of robbery conviction and otherwise fail.

No COA application found.

Disc App S01D0881 Stephen M. Bracken v. Amanda Folsom. Order trans to COA 3/26/01.

NT action for legitimation. NT's request child's surname be legally change to his.

SUP not involve divorce or alimony as parents never married.

Citations 199 Ga 513, 217 GA 431

A01D0254 Dkt 3/27/01 as custody. Denied 4/20/01.

Disc App S01D0895 Carolyn Phillips v. Steven Phillips. Order Trans to COA 3/28/01.

SUP involves modification of child custody and not judgment of divorce and alimony

Citation 247 Ga 26

A01D0257 Dkt 3/30/01 Dism. 4/24/01

Disc App S01D1142 Focus Entertainment Internatl v. Bailey. Order Trans to COA 6/1/02.

NT seek invoke juris over cases involving extraordinary remedies on review of super ct order affirming muni ct determination NT not entitled to jury trial.

SUP NT claim not involke any request for extraordinary remedies

NT raise consti questions but only require application of unambiguous provisions to facts of case not involve construction

Citations: 209 Ga 282, 255 Ga 449

A01D0320 dkt 06/05/01 Granted

*S01D1540 Sammy Lee Harrison, pro se v. The State Transfer to COA 7/30/01.

appeal denial of plea of autrefois acquit and motion to dismiss which would involve only an application of plain speedy trial and double jeopardy consti provisions, no other basis for SUP juris

Citations 248 Ga. 875 (1982); 240 Ga. App. 356 (1999)

A01D0398 (Sammie) Dkt 7/30/01 Denied 8/23/01

Disc App S01D1455 Linda S. Akers v. Ruth Kennedy Order Trans to COA 7/31/01.

NT review of probate court order EE is sole heir at law of decedent

SUP this is only determination of heirs not validity or meaning of a will

Citation 224 Ga App. 387 (1)

A01D0326 Dkt 6/8/01 Cert Granted & Remanded 5/6/02 Granted 6/26/02

The following three cases were found in COA notebook, not in Supreme Court Orders.

Disc App S01D1795 David Bennett v. The State. Transfer to COA 9/17/01

appeal denial of mot to amend sentence challenging restitution order imposed as part of negotiated plea to arson and burglary. crime not within juris and if any consti questions not ruled on by tc or would involve well-settled principles

Citations: 255 Ga. 449 (1986)

A02D0054 Dkt 9/17/01 Granted 9/28/01; A02A751 Dkt 12/03/01 Dism 3/14/02

Disc App S01D1796 Carl Rogers v. Eugene Fuller ( at least one EE pro se). Transfer to COA 9/7/01

Not an election contest only issue is validity of award of attorney's fees in a declaratory judgment action.

Citations: 224 Ga. 796 (1968) Compare 273 Ga. 202 (200)

A02D0025 Dkt 8/27/01 Dism 9/26/01; A02D0045 Dkt 9/7/01 Denied 10/09/01

Disc App S01D1806 Miguel Ortiz, pro se v. Irwin County. Transfer to COA 9/17/01

appeal sentence, denial of mot for writ of error coram nobis and refusal to compel a writ of mandamus altho only order of record is denial of writ of error coram nobis, no evidence of record of writ of mandamus filed or ruled on by tc . crime is not one in SUP Ct 's juris and writ of error coram nobis not qualify as extraord remedy

Citation : 222 ga. app. 432 (1996); 249 ga. 261 (1982) and 176 ga. 96 (1932).

A02D0053 Dkt 9/17/01 Denied 9/26/01

2001 DA

S01A0262 Kristin National, Inc. (Taggart's Driving School) v Bd Ed of Marietta. Transfer to COA 11/30/02. NT appeal denial of mot for sum j and grant of sum j to ee. NT raised question of whether ee violated GA Consti Art 1,Sec 1,Par 1 by operating an after school, driver ed program for which it charges a fee. TC based decision entirely on OCGA 20-2-130 (QBE) and not consti. SUP Since TC not specifically rule on consti issue, not invoke SUP juris. COA address errors not concern consti question.

A01A0730 Dkt 12/1/00. Aff 7/9/01. Cert Den. 1/9/02. Category: Consti.

S01A0317 Jerome Meadows, pro se, v. State. Transfer to COA 1/5/01.

appeal denial of motion to vacate and modify sentence arise from NT's plea of guilty to aggrav assault. SUP Subj matter not within Court's exclusive juris.

A01A0942 Dkt 01/08/01. Dism 4/25/01. Category: ?

S01A0328 Paul D. Edwards, pro se, v. DOC. Transfer to COA 1/8/01.

appeal denial of mot to set aside order dismissing NT claims for failure to provide prior notice of claims as required by OCGA 50-21-26. SUP No basis for juris.

A01A0955 Dkt 01/09/01. Dism 1/18/01. Category: ?

S01A0345 Jonathan Wiederkehr v. Brent. Transfer to COA 1/8/01.

NT claims juris involve consti of law. SUP TC not rule on any consti issue. This only involve application of statute to facts of case.

A01A0957 Dkt 1/9/01. Aff 3/15/01. Category: Consti.

S01A0365 GSW, Inc. v. DNR. Transfer to COA 4/30/01.

appeal denial of NT's application for landfill permit. altho complaint sought extraord relief and notice of appeal based juris on presence of Consti question, issues are really whether denial constituted an administrative taking of some property interest and availability of a remedy.

A01A1759 Dkt 5/2/01. Aff 3/18/01. Cert Den. 6/10/02. Category: Consti/Extra.

S01A0367 Calvin Sherard, pro se, v. Aldridge. Transfer to COA 1/5/2001.

appeal from probate court order appointing EE personal rep of estate of NT's sister. Does not involve the validity or construction of the will.

Citations: 251 Ga. 461; 191 Ga 262 (1940).

A01A0939 Dkt 1/8/01. Aff 9/4/01. Cert Den. 1/10/02 Category: Will

S01A0370 Amalgamated Transit Union v MARTA. Transfer to COA 1/8/01.

appeal order vacating arbitration award to reinstate employee after terminated for positive drug test. Seek juris under equity. Equity issues are merely ancillary to underlying legal issues.

Citations: 271 Ga. 745 (1999); 263Ga. 66 (1993), 261 ga. 608 (1991).

A01A0954 Dkt 1/9/01. Aff 10/02/01. Cert Den. 2/11/02 Category: Equity

S01A0398 Ivan Kerr v. Cohen. Transfer to COA 1/5/01.

SUP issues involve conversion, fraud and whether contract exist 'tween NT and EE. Sup these are questions of law not equity.

Citation: 271 ga. 745 (1999).

A01A0941 Dkt 1/8/01. Aff 4/10/01. Cert Den. 9/7/01. Category Equity

S01A0432. Grayson M. Roylston v. Conway. Transfer to COA 2/5/01.

appeal involves boundary line dispute 'tween parties and does not invoke juris regarding title to land.

Citation: 261 Ga. 608 (1991).

A01A1157 Dkt 2/6/01. Rev 9/26/01. Category: Land

S01A0434. Rebecca Moeller v. Schrenko. Transfer to COA 1/8/01. NT appeal grant of EE mot for sum j in case seeking declaratory jud that biology textbook used by Muscogee Co. violates 1st Ad and seeks injunctive relief. NT considers involve equity and consti juris. Grant of sum j effectively denying NT request for injunctive relief was merely ancillary to determination on the merits textbook did not violate 1st ad. Even if orders are implicit ruling on 1st ad, appeal requires only application of unquestioned and unambiguous consti prov to facts; not involve construction of consti or consti of statute.

Citations: 271 Ga. 745 (1999) ; 255 Ga. 449 (1986).

A01A0956 Dkt 1/9/01. Aff 8/9/01. Category: Consti/Equity

S01A0442. Timothy Fowler v. City Warm Springs. Transfer to COA 1/19/01

In condemnation case, title to property decreed in City. Issue of previous title is only incidental to determination of whether any party entitled to condemnation award.

Citations: 240 Ga. 590 (1978); 220 Ga 510 (1964); 208 Ga. 510 (1951).

A01A1073 Dkt ½3/01. Aff 8/22/02. Category: Land

S01A0447. Peter Scott v. State. Transfer to COA 1/5/01.

appeal of conviction for sale of controlled substance and sentence pursuant to OCGA 17-10-7 and denial of mot for new trial. NT attempts invoke juris over consti questions. SUP consti questions first raised in mot for new trial not specifically ruled on by TC and since SUP has already ruled on consti of recidivist statute, this appeal involves mere application of unambiguous provision of consti to facts.

Citation: 264 Ga. 841 (1995), 266 Ga 752 (1996); 229 Ga. 313(1972)

A01A0937 Dkt 1/8/01. Conv Aff, Sen Vac, Rem 3/9/01. Category: Consti.

S01A0457 Dwight Phillips v. State. Transfer to COA 2/5/01.

appeal from conviction and sentence on two cnts aggrav assault. SUP no basis for juris.

A01A0958 Dkt 1/9/01. Aff/Rev Part 11/7/01. Category: Equity

S01A0471 Camden Co. v. City Kingsland. Transfer to COA 1/5/01.

appeal TC order which granted NT request for declaratory relief but denied request for injunctive relief. NT state involve Sup juris under equity and extraordinary remedy. Neither declaratory or injunctive relief falls within extraord under meaning of Consti. Nor here equity since equitable issues are ancillary to underlying legal issues which include interpretation of statutes and contracts.

Citations: 201 Ga 347 (1946); 176 ga 96 (1933); 271 ga. 745 (1999); 224 ga. 796 (1968).

A01A1158. Dkt 2/6/01. Aff 8/10/01. Category: ?

S01A0477 Paul Dean Corp v. Kilgore. Transfer to COA 1/8/01.

NT allege equity juris cause involve injunctive relief. SUP injunctive relief merely ancillary to question of law regarding whether parties executed a settlement agreement and whether EE assumed 2 mortgage notes.

Citations: 271 Ga. 745 (1999); 263 Ga. 66 (1993)

A01A0958 Dkt 1/8/01. WithD 2/16/01. Category: Equity

S01A0506. Damon Davis v. State. Transfer to COA 1/19/01.

appeal order denying mot to dismiss indictment for armed robbery for violation of right to speedy trial under Interstate Agreement on Detainers OCGA 42-6-20 et seq. Appeal requires only application of unquestioned and unambiguous provision of consti and application of statute for which constitutionality has not been challenged.

Citations: 255 Ga. 449 (1986) ; 232 Ga. 828 (1974).

A01A1070. Dkt ½3/01, Aff 8/31/01. Category: Consti

S01A0551 Virginia Highland Civic Assn v. Pace Properties, Inc. Transfer to COA 1/19/01.

appeal denial of declaratory and injunctive relief, specific performance & attorney's fees. NT seek prohibit EE develop land in Virginia Highlands. NT allege breach of settlement agreement involving Presidential Parkway which provided for property to be sold and used in manner agreed to by City and NT. NT did not consent to sale or development. Also violation of Ga. Laws 1997, 1015 (11) requiring DOT to dispose of property in accord with land use plan agreed upon by City, DOT, & Caution, Inc. No plan ever developed. EE raised issue questioning legality and consti of Agreement, ordinance adopting it, and actions by General Assembly to delegate to private party legislative power to regulate land use. SUP TC not distinctly pass on consti issues raised. Equitable issues were ancillary to legal issues.

Citations: 223 Ga. App. 603 (1996); 215 Ga App 603 (1994) ; 271 Ga. 745 (1999); 272 Ga. 107 (2000).

A01A1069 Dkt1/23/01. Aff 6/12/01. Cert Den. 7/16/01. Category: Consti/Equity

S01A0591 Carlos Lovell v. Hartness. Transfer to COA 1/19/01.

appeal grant of permanent injunction based on TC construction of subdiv. covenants and restrictions. TC determine status of def in rem. Question of law. Equitable relief was ancillary to legal determination.

Citations: 271 Ga. 745 (1999); 263 Ga. 66 (1993)

A01A1072 Dkt1/23/01. Aff 6/12/01. Cert Den 8/17/01. Category: Equity

S01A0268 Frank Markantonis v. Zakaria, M.D., P.C. Transfer to COA 2/5/01.

appeal of denial NT sum j mot for specific performance of a contract for sale of real estate and grant of EE cross-mot. Legal question is whether valid contract accepted or not.

Citation: 272 Ga. 107 (2000).

A01A1155 Dkt 2/6/01 Withd 5/22/01. Category: Equity

S01A0642 Robert Finley v. Yates. Transfer to COA 2/5/01.

Case not within exclusive juris vested in SUP.

No specifics, no citations.

A01A1156 Dkt 2/6/1. Aff 8/28/01. Category: ?

S01A0672. Wayne Stover v. Tipton. Transfer to COA 2/16/01.

appeal dismissal of petition for removal of obstruction of a private way. NT claims TC application of res judicata violated right to due process and equal protection; removal of right of way obstruction is equitable proceeding, and involves a construction of title to land. SUP application of well-settled const principles, also consti issues not ruled on by TC ; no juris over obstruction of prescriptive easement- not title to land; underlying issue is legal question of whether one NT is in privity with the other - who was party in the prior case from which res judicata ruling arose

Citations: 255 Ga. 449 (1986); 264 ga. 841 (1995); 231 ga 759 (1974); 190 ga app. 684 (1989); 256 ga 43 (1986); 271 ga 745 (1999).

A01A1248 Dkt 12/19/01. Rev. 10/09/01. Cert Den. 3/29/02. Category: Consti/Land/Equity

S01A0688 City of Demorest v. Town of Baldwin. Transfer to COA 2/16/2001.

appeal of order adopting arbitrator's decision and judgment favoring EE as to whether NT bound by modifications to agreement of parties and awarding costs. SUP altho NT sought equitable relief, underlying issue is legal.

Citation: 271 Ga 745 (1999).

A01A1251 Dkt 2/19/01. Aff 10/11/01 Category: Equity

S01A0693 Masjid Al-Ihsann, Inc. v. Ouda. Transfer to COA 2/16/01.

NT sought enjoin members of mosque from entering property. appeal TC order treat NT & EE petitions as motions for temporary restraining orders. TC ruled action is question of religious practices of parties protected by US Consti 1st Ad and courts will not interfere. NT state invoke equity juris. Issue involve application of well settled principles of law. Equitable relief ancillary to legal issue of whether NT is trustee of mosque, a matter trial court refused to decide.

Citations: 255 Ga. 449 (1998); 255 Ga. 449 (1986), 271 Ga. 745 (1999).

A01A1250 Dkt 2/19/01. Aff 8/01/01. Cert Den. 3/11/02 Category: Equity

S01A0701 Daisy L. Mimms v. State. Transfer to COA 6/5/01.

NT invoke const. juris. SUP recently resolve identical issues regarding consti. of City Court of Atlanta in Wickham v. Sate (2001) transfer

Citation: Wickham v. Sate, 544 SE2d 439 (2001)

A01A1988. Dkt 9/6/01. Aff 3/13/02. Cert. Granted. 7/16/02. Aff. Category: Consti.

S01A0749 Frederick Daniels v. State. Transfer to COA 3/5/01.

NTs appeal convictions for aggrav battery. SUP not fall within our juris

No case citations. A01A1351. Dkt 3/6/01. Aff 4/25/01. Category: ?

S01A0751 State Soil and Water Conservation Com v. Stricklett & Vice Versa. Transfer to COA 3/5/01.

appeal grant of sum jud to EEs on NT's suit to enjoin EE's alleged interference with an easement. EE cross appeal counterclaims of intentional infliction of emotional distress, abusive litigation & atty fees.

NT seek juris on basis of equity. SUP equitable issues ancillary to legal issue of determination of whether house as built substantially interferes with use of easement. EE defenses of laches and estoppel not convert case into one of equity.

Citations: 205 Ga App 615 (1992); 271 Ga 745(1999).

A01A1364. Dkt 3/8/01. Rev. 10/23/01. 1365 - Dkt 3/8/01. Aff, Rev, Vac, in Part 10/23/01. Category: Equity.

S01A0774 SMD, LLP v. City of Roswel.l Transfer to COA 3/19/01.

Related: A01D0091 Transfer from Sup Ct Dkt 10/27/00. Den. 11/21/00

NT appeal sum j on NT request for damages pursuant to 42 USC §1983. TC order find lost profits too speculative under Georgia law. Appeal not involve construction of US or GA consti provision or attack on consti of GA or US law and SUP generally not have juris over cases arise under 42 USC §1983.

Citations: 266 Ga 657 (1996); 421 Ga. 451 (1992).

A01A1437 Dkt. 3/20/01. Aff 10/24/01. Category: Consti.

S01A0785 Jodi L. Hawks v. John R. Hinely, Mayor & vice versa;

S01X0789 Angela B. Brackett v. Hawks. Transfer back to COA 4/30/01.

NT appeal of TC order granting EE motion to dismiss for NT failure to timely file verification forms required by OCGA 9-11-11.1 ( act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern). SUP not fall within exclusive juris of SUP Ct.

from S01A0785 A01A1185, 1186 Dkt 2/12/01. Aff 11/16/01.

from S01X0789 A01A1184 Dkt 2/12/01. Rev 11/16/01. Cert Den. 3/25/02. Category: ?

S01A0814 James Turpen v. Rabun Co Bd of Com. Transfer to COA 3/19/01.

NT appeal denial of request for interlocutory appeal to enjoin repayment of revenue bonds. In prior case transferred by SUP to COA, COA reverse TC finding void purchase with bonds of property on which hospital located. In separate case, TC validated the revenue bonds for purchase of the facility which was not appealed. TC seek to enjoin repayment of bonds but TC cannot amend prior validation order. NT appear to seek under equity juris. Underlying issue rather than equitable relief sought determines juris and cause already transferred case to COA, transfer

Citations: Prior case transferred to COA in Case NO. S00A0271 (1999). COA case 245 Ga App 190 (2000); 271 Ga. 745 (1999) Category: Equity

A01A1435 Dkt. 3/20/01. Aff 8/17/01. Cert Den. 2/11/02

S01A0815 Irvin Mobley, pro se, v. Scroggy. Transfer to COA 3/19/01.

appeal denial of NT complaint pursuant to OCGA 9-15-2 (d) failure to state a claim. OCGA 41-12-8 requires NT follow application procedures, but filed late this direct appeal with no stated basis for SUP juris and none is revealed from review of record. Category: ?

A01A1434. Dkt. 3/20/01. Dism 4/6/01

S01A0824. Harold J. Chiasson, Jr., pro se, v. State. Transfer to COA 3/19/01

NT convicted of traf offenses. Appeal arguing viol of equal protection and due process by officers of state and dispute suff of evid seeking invoke consti juris. Not involve construction of consti of GA or US and not draw into question consti of law, ord or consti provis

Citations: 209 Ga 282 (1952); 255 Ga . 449 (1986) Category: Consti

A01A1436. Dkt 3/20/01. Aff 5/23/01. Cert Den. 11/05/01.

S01A0825 Ousman Manneh, pro se, v. Cambridge Court Apartments, Inc. Transfer to COA 3/19/01

NT appeals writ of possession granted against him. Issue on appeal is right of possession not title to land.

Citation: 251 Ga. 37 (1983) Category: Land

A01A1433 Dkt 3/20/01. Dism 6/13/01.

S01A0864 Eddie Smith, pro se, v. DOC. Transfer to COA 4/30/01.

NT, prisoner, appeal denial of motion to vacate order denying the filing of his complaint alleging viol of 42 USC §1983. COA has juris of 42 USC §1983 actions

Citations: 262 Ga. 451 Category: ??

A01A1727 Dkt 5/1/01. Dism 5/9/01.

S01A0871 Nicole Young, pro se v. Denny, pro se. Transfer to COA 4/18/01.

NT appeal order granting EE writ of possession . SUP action involves only right of possession and not title to land. No other basis for juris.

Citation: 251 GA 37 (1983) Category: Land

A01A1659 Dkt 4/19/01. Aff 12/06/01.

S01A0872 Jarvis L. Hardwick v. State. Transfer to COA 4/30/01.

NT appeal conv of armed robbery and life sentence. SUP no juris pursuant to OCGA 15-3-3 (crim. juris in COA for armed robbery, rape, kidnapping w/o murder)

Citation: 242 Ga. 657 (1978). Category: ??

A01A1732 Dkt 5/1/01. Aff 7/3/01.

S01A0896 Sellers v. Sebastian Cove Homeowners Association, Inc. Transfer to COA 4/30/01.

Appeal seeks invoke title to land and equity juris. SUP appeal not title to land because not action at law in which plaintiff asserts a presently enforceable legal title against possession of defendant for purpose to recover land. Equitable relief granted by TC was ancillary to underlying legal issue concerning subdivision's restrictive covenants.

Citations: 235 Ga. 47 (1975); 271 Ga. 745 (1999), 263 Ga. 66 (1993); 261 Ga. 608 (1991). Category: Land & Equity

A01A1758 Dkt 5/2/01. Aff 7/11/01.

S01A1004 Travis S. Fedd v. State. Transfer to COA 4/30/ 01.

NT challenge to consti. of OCGA 16-6-3. Consti challenge not properly raised and not ruled on in trial court.

Citation: 266 ga. 657, 658 (1) (1996) Category: consti

No COA case found

S01A1018 Courtney J. Everett v. Smith. Transfer to COA 4/30/01.

NT appeal denial of request to enjoin foreclosure sale of her property. Underlying issue on appeal is whether NT was required to tender amount admittedly due. Equitable relief ancillary.

Citation: 271 GA. 745 (1999). Category: Equity

A01A1757 Dkt 5/21/01. Aff 10/23/01.

S01A1344 Ladon Harrell v. Jenkins. Transfer to COA 6/25/01.

NT appeals grant of sum j to EE. NT made party to suit by EE seeking to restrain AMPS Holding Co from trespassing on leasehold interest by leaving mining equipment on their property. NT claimed had canceled lease and refused to permit AMPS to remove equipment. TC held AMPS owned the equipment, not indebted to NT, the Equipment was trade fixture; that EE's lease does not expire until 2003, NT's claim for damages is not ripe since lease has not terminated and the claim has been abandoned, AMPS enjoined from trespassing except to retrieve equipment and NT enjoined from interfering with removal. SUP not invoke equity juris, these are legal questions.

Citation: 271 GA. 745 (1999). Category: Equity

A01A2127 Dkt 6/25/01. WithD 8/9/01.

S01A1053 Gary C. Harris v. Poteat

S01A1054 Gary C. Harris v. Cheeley. Transfer to COA 6/25/2001.

SUP TC orders in these cases involve only priority of judgments.

Citations: 271 Ga. 745 (1999). Category: ?

A01A2142, 2143 Dkt 6/26/01. Aff 3/8/02. Cert Den. 7/15/02.

S01A1055 Rolando Gadsen v. State. Transfer to COA 4/30/01.

Appeal denial of motion for new trial on NT's conviction of sale of controlled substance and sentence as recidivist to life. NT mot allege ineffective assist, tainted photo id., and prejudice from failure to record voir dire. Cited a section of Consti that does not exist. Category: Consti

A01A1786 Dkt 5/7/01. Aff 11/7/01.

S01A1057 Irwin Co v. Patricia C. Owens. Transfer to COA 11/5/01.

Appeal jury verdict in suit for damages invoking title to land juris. SUP not appear to assert a presently enforceable legal title against EE's fee simple title .

Citation: 235 Ga. 47 (1975). Category: Land

A02A0592 Dkt 11/6/01. Aff 7/3/02.

S01A1058 Samuel Green v. Sommers. Transfer to COA 4/30/01.

NT appeal TC order granting EE's mot for sum j as to another party's counterclaims and ordering writ of possession granted to EE to continue in full force. SUP action not meet definition of a title to land action as it arises from foreclosure and NTs not assert a presently enforceable legal title against EE's fee simple title. Underlying issues of breach of contract, fraud and irregularities in foreclosure action are of law not equity.

Citations: 235 Ga. 47 (1975); 271 Ga 745 (1999). Category: Land & Equity

A01A1733 Dkt 5/1/01 Aff 3/26/02.

S01A1084 Kyle Yancey v. Poe. Transfer to COA 5/7/01.

NT appeal grant of sum j to EE finding NT failed to show he had either a public right of way to a disputed roadway or a right of way by prescription. SUP not title to land - not involve an action at law in which the plaintiff asserts a presently enforceable legal title against the possession of the deft for the purpose of recovering the land. Further, easements do not fall within title to land juris. Issues of whether EE abandoned the area rendering it a public right of way or whether NT acquired an easement by prescription present questions of law not equity, relief is merely ancillary.

Citations: 235 Ga. 47 (1975); 256 Ga 43 (1986); 271 Ga 745 (1999). Category: Land & Equity

A01A1803 Dkt 5/8/01. Rev. 3/22/02.

S01A1085 Darrell Robinson v. GDHR. Transfer to COA 5/7/01.

appeal denial of motion for new trial for recovery of child supp. SUP not arise from a final decree of divorce .

Citations: 217 Ga. 431 (1961); 199 Ga. 513 (1945) Category: Div.

A01A1804 Dkt 5/8/01. Dism 7/27/01.

S01A1090 Matthew J. Farrell v. Human Resources Co. Transfer to COA 5/7/01.

appeal denial of MFR dismissal of his breach of contract case for lack of venue. SUP appear by NOA mistakenly noticed to this court, no juris . Category: ??

A01A1802 Dkt 5/8/01. Rev. 2/11/02.

S01A1139 James Thomas, Jr, pro se, v. State. Transfer to COA 6/5/01.

appeal convictions of possess of firearm by conv felon, habit viol, DUI, fail to give turn signal, no proof of insur and also denial of mot for new trial. Sup NT not raise and Sup not rule on any consti question and no other basis for juris

Citation: 264 Ga. 841 (1995). Category: Consti

A01A1985 Dkt 6/6/01. Aff 10/23/01. Cert Den. 3/25/02.

S01A1140 Hazel Lancaster Mills v. Parker. Transfer to COA 6/4/01.

appeal grant of partial sum j to EE for specific performance of contract for sale of NT's home to EE. SUP altho EE sought and obtained equitable relief the grant of equit relief was dependent on underlying legal issue, construction of a contract.

Citations: 272 Ga. 107(2000); 271 Ga. 745 (1999) Category: Equity

A01A1984 Dkt 6/6/01. Rev. 1/17/02

S01A1143 Carl Gould v. Patterson. Transfer to COA 6/4/01.

appeal dismissal of 42 USC § 1983 complaint in which TC found sentencing ct has authority to impose treatment as part of probation. Seeks to invoke consti. questions juris claiming case calls for construction of double jeopardy clause of US and GA consti. and consti of OCGA 42-8-34 (g). SUP COA has juris of §1983 cases and where application of unquestioned and unambiguous consti prov. Consti of OCGA 42-
8-34 was not raised or ruled on in TC.

Citations: 262 Ga. 451 (1992),255 ga.449 (1986) 264 ga. 841 (1995). Category: Consti

A01A1970 Dkt 6/4/01. Aff 1/16/02.

S01A1152 Henry Ray Mathis v. State. Transfer to COA 6/4/01.

appeal of conv. of 2 cnts of burglary, one cnt each of entering auto, theft by taking, suspended license, no insur. SUP NT not state basis for invoke SUP ct juris and NT did not raise or TC not rule on any consti. question. Category: Consti.

A01A1986 Dkt 6/6/01. Aff 10/03/01.

S01A1158 James Hoyt Anderson v. State. Transfer to COA 6/4/01.

appeal TC decision that it lacks juris to consider mot for withdrawal of guilty plea which was filed after the end of the term of court in which plea entered. NT raises equal protection challenge to ruling. SUP resolution of issue require only application of plain and unambiguous consti provisions.

Citation: 255 Ga. 449 (1986) Category: Consti.

A01A1971 Dkt 6/4/01. Aff ½4/02. Cert Den. 5/28/02.

S01A1214 Albert J. Bergonzi v. Adler. A00I0325, 324 Dkt 6/12/00 Den. 7/11/00

Transfer to COA 6/11/01.

appeal denial of mot to stay discovery in civil case involving securities and common law fraud pending a related criminal case. TC deny mot on basis would prejudice EE and reject argument would force choose between offering evid or claiming 5th Ad right risking sum j. Say invoke consti question juris, stating of first impression. SUP ct previously rule on issue in 254 Ga. 248. Also 235 Ga. App. 306.

Therefore merely app of well-settled consti principle

Citations: 255 Ga. 449. Category: Consti.

A01A2034 Dkt 6/12/01. Dism 7/20/01. Cert D 2/4/02

S01A1234 City of Decatur v. DeKalb Co. Transfer to COA 10/22/01. TC ruling not provide basis for construction of consti juris. Underlying issue involves dispute in law in which one govern. entity claims not subject to rules and regs of other govern entity, thus injunctive relief is ancillary.

Citations: 204 Ga. App. 741 (1992); 271 Ga. 745 (1999); 222 Ga. App. 264 (1996). Category: consti & equity.

A01A0490 Dkt 10/24/01 Aff in P & Rev in P 6/20/02 Cert D. 9/16/02 A01A0491 Dkt 10/24/01 Rev 4/17/01 Cert G 2/24/04 Rev. Remit 12/5/03 Rev 4/30/04

S01A1238 Jay C. Garmon, Jr. v. Daniel. Transfer to COA 06/04/01.

NT appeal order of attorney fees arising from EE's petition for accounting of assets by NT administrator of his father's estate. NT attempt invoke sup juris on basis fee order entered in an action for accounting in which injunctive relief was granted. SUP Since issues in accounting case were resolved by consent, TC did no balancing of equities for purpose of injunctive relief. Also since issue was appeal of atty's fees belong in COA

Citations: 271 Ga. 745 (1999); 243 Ga. App. 559 (2000) Category: equity

A01A1987 Dkt 6/6/01. Aff 3/01/02.

S01A1297 Timothy Coleman Daniels v. State. Transfer to COA 6/11/01.

NT convicted of child molestation and appeals denial of mot to render judgment void for lack of jurisdiction. SUP no basis for juris. Category: ?

A01A2041 Dkt 6/12/01 Dism 7/25/01

S01A1326 Georgia 20 Properties, LLC v. Tanner. Transfer to COA 8/14/01.

appeal involves contract to purchase real estate. SUP title to land, construction of a will and equitable aspects of case are merely ancillary to contract and legal issues.

Citations: 272 Ga. 107 (2000); 244 Ga. 665(1) (1979); 208 Ga. 27 (1951); 182 Ga. 360 (1936). Category: Will, Equity & Equity

A01A2541 Dkt 8/14/01 Aff part/Rev Part/Rem wD 3/27/02 Cert D. 9/30/02

S01A1363 Bryan Co Bd of Equalization v. Bryan Co Bd of Tax Assessors. Transfer to COA 7/16/01.

Primary issue on appeal is whether TC erred in determining NT subject to Open Meetings Act (OCGA 50-14-(1-6). SUP injunctive relief was ancillary to resolution of legal issue.

Citations: 271 Ga. 745 (1999); 261 Ga. 608 (1991). Category: Equity

A01A2286 Dkt 7/17/01 Aff 2/19/02 Cert D. 6/10/02.

S01A1370 Christopher Jones v. State. Transfer to COA 7/16/01.

appeal of conv. on armed robbery and other charges following TC denial of motion to withdraw guilty plea. NT argued not entered knowingly, voluntarily etc. due to ineffective assist of atty. Attempted to invoke Sup ct juris over habeas corpus by amended mot to add other grounds for attacking plea. SUP not properly filed as habeas action so transferred to COA. Category: Habeas

A01A2278 Dkt 7/17/01. Dism 7/25/01.

S01A1401 Richard Lee West v. State. Transfer to COA 7/16/01

appeal of conviction for itnereference with govern. prop. SUP record reveals no basis for juris.

Category: ?

A01A2277 Dkt 7/17/01. Dism 10/25/01.

S01A1410 Jane Doe v. GDOC. Transfer to COA 7/17/01.

NT appeals grant of sum j to EE in suit claiming right to be free from abuse by officers while incarcerated and private cuase of action under OCGA 51-1-1. SUP to extent issue presented is wehterh OCGA 51-1-1 creastes a private cause of action for a citizen to recover damages for deprivation of a right protected by the GA Consit it required only interpretation of meaining and legislative intent behind 51-1-
1 and GA Tort Claims Act and not draw question of consti of law or constiu provision into questions

If appeal presents question of wehther EE actions would violate rlied upon provision of the GA Cosnt, it simply requierd review of fact in light of consti prohibition.

Citations: 209 Ga. 282 (1952); 255 Ga. 449 (1986); 262 Ga. 45 (1992).

Category: Consti

S01A1483 Richard Eugene Sanders v. State. Transfer to COA 7/24/01.

appeal conviction of aggravated assault and two cnts of possession of a firearm by a felon and sentence. SUP NT not state basis for Sup juris and none revealed by record.

Category: ?

A01A2367 Dkt 7/25/01 Aff 1/18/02

S01A1494 Charles Daniels v. State. Transfer to COA 7/25/01

appeal dismissal of NT motion for out of time appeal of two convictions based on guilty pleas to possession with intent to distrib and possess of marij and revocation of prob on 4 prior felony sentences.

TC dismissed as moot since NT fully served sentences. SUP no statement from NT of juris. No basis for juris.

Category: ?

A01A2374 Dkt 7/25/01 Aff 1/14/02

S01A1496, 1497 Moreton Rolleston, Jr. v. Cherry. Transfer to COA 9/17/01.

1496 appeal denail of NT mot for summ j and grant of sum j to EE declaring EE lawful holder to title of property at issue, set forth principle owned after judicial sale ; held EE entitled to costs for sheriff's sale and unpaid taxes based on unjust enrichment, enjoined NT from interfering with EE's title and sale of property.

1497 appeal award of atty fees for abusive litigation pursuant to OCGA 9-15-14.

NT say equity and extraordinary remedies. SUP extra remedies not apply. Underlying issues is whether EE entitled to interest on 1995 judgment, to unpaid taxes, sheriff's sale costs arising from sale of property and to atty fees for abusive lit are questions of law. Grant of relief including perm injunction was merely ancillary.

Citations: 176 Ga. 96 (1932);271 ga. 745 (1999); 215 Ga. App 786 (1994); 211 Ga. Appl 34, 35 n.2

Category: equity; extraord. rem.

A02A0268 Dkt 9/20/01 Aff 5/2/2/ Cert D. 9/6/02

S01A1500 Julia Ann Palmer v. State Transfer to COA 7/24/01.

appeal of conviction of felony theft by shoplifting. SUP not juris.

Citations: 196 Ga. 847 (1943)

Category: ??

A01A2366 Dkt 7/25/01 Aff 12/13/01

S01A1511, 1515 Cherokee Co. v. Greater Atlanta Home Builders Assn, Inc. and vice versa. Transfer to COA 9/17/2001.

Both parties appeal TC order that certain aspects of Capital Improvements Element violate or not equal protection and due process. EE contend TC err in rule Co. designation of a single service area complies with Ga. Development Impact Fee Act. SUP not involve the specific extraord remedies and requires only application of plain provision of consti to the facts

Citations: 176 ga. 96 (1932); 255 Ga. 449 (1986).

Category: Extraord. Rem; Consti.

A02A0234, 0235 Dkt 9/18/01; Rev 6/13/02 Cert Den. 2/24/03.

S01M1521 M & S Zbosnick, Inc. v. Partridge Greene, Inc. Transfer to COA 7/27/01. This is return to COA. SUP cases not involve consti. issues of free speech but do involve construction of restrictive covenant. Equitable relief sought is merely ancillary.

Citations: 246 Ga. App. 549 (2000); 271 Ga. 745 (1999) 3 judges dissented.

Category: consti, equity

A01A2486 Dkt 8/8/01 Aff 12/19/01

S01A1537 Dwight Kay v. Davis. Transfer to COa 7/25/01.

appeal grant of sum j to EE, Mayor and City Council of Blue Ridge holding NT not have standing to appeal EE' failure to rezone property adjacent to NTs; NTs failed to provide required ante litem notice before filing suit, and failed to show any evidence of damages resulting from a nuisance. SUP T C did not rule on any consti issues and the ruling on the nuisance issue was resolution of a legal question not an equitable one.

Citations: 264 Ga. 841 (1995); 271 Ga. 616, 617 n.2; Case No. S00A0076.

Category: consti; equity

S01A1593 Abermarle Partners, Ltd. v. McClure. Transfer to COA 9/17/01.

Appeal of grant of sum j to EE in suit for breach of contract to sell real property, for specific performance, for civil RICO under OCGA 16-14-3, for conspiracy, for earnest money and atty fees.

NT state complaint prays for equitable relief of specific performance of a contract for sale of land.

SUP no juris over cases seeking specific performance of contractual terms where resolution of issues raised on appeal turn on legal question such as construction of underlying document

Citation: 272 Ga. 107 (2000) Category: Equity

A01A2375 Dkt 7/25/01. Aff 2/21/02.

S01A1596 Phil Walden, Sr. v. Jones, Transfer to COA 9/17/01

Appeal of denial of mot for perm injunction and order awarding EE personal property and memorabilia left in bldg formerly owned by NT and later purchased by EE. NT seeks equity juris. SUP underlying issue is whether EE acquire property by adverse possession, a question of law. Eq. Relief ancillary to resolution of legal issue.

Citations: 271 Ga. 745 (1999); 263 Ga. 66 (1993) Category: Equity

A02A0231 Dkt 9/18/01 Aff 11/19/01 Cert D 4/15/02

S01A1702 Grady C. Adams v. O'Neal. Transfer to COA 9/17/01.

Appeal of grant of sum j to EE in boundary line dispute. SUP boundary line dispute not concern title to land. appeal involves substantive legal questions.

Citations: 261 ga. 608 (1991); 244 Ga. App. 300, n. 1 (2000); 222 Ga. App. 709, n. 1 (1996) Category: Land

A02A0260 Dkt 9/20/01 W/D 11/08/01.

S01A1728 Colby C. Buell v. The State. Transfer to COA 9/17/01

appeal of conviction and sentence on DUI charge. seek consti juris SUP not involve construction of consti of GA or US and not draw into question consti of law ord or consti provis.

Citations: 209 Ga. 282 (1952); 255 Ga. 449 (1986) and 262 Ga. 451 (1992). Category: Consti.

No Appeal found.

S01A1743 Angelo B. Perry v. City of Albany. Transfer to COA 9/17/01.

Appeal denial of MFR of grant of sum j to some defts alleging improper seizure and retention of NT's personal property and dismissal of case as to other defts. TC order based on expiration of statute of limit, failure to serve properly and failure to prosecute. Not invoke SUP juris Category:?

A02A0263 Dkt 9/20/01. Dism 9/27/01.

S01A1774 James Demido v. Kotmair. Transfer to COA 10/01/01.

Jonathan Wilson, non-party in appeal, seek equity juris in appeal of TC order finding him in wilful contempt of temporary restraining order. The ruling on appeal is not equitable, merits of injunctive relief not at issue.

Citations: 271 Ga. 745 (1999); 261 Ga. 608 (1991); 263 Ga. 66 (1993). Category: Equity

A02A1330 Dkt 2/27/02 Dism 3/8/02. Cert Den. 7/15/02.

S01A1811; S01X1812 City of Loganville v. Barrett-Davis Watson Post 233 and vice versa. Transfer to COA 9/17/01.

EEs sought to have 1998 deeds on a property set aside on ground prior deeds (1) 1968 created a charitable trust or (2) 1976 deed dedicated the property to a public use. On mot for sum j, TC construed language of deeds to hold no charitable trust, property was dedicated to a public use and 1998 transfer was void because violated use restriction and the sale prohibitions. NT sought invoke title to land juris.

SUP EE not assert legal title verses possession of NT, but acknowledge NTs' record ownership and seek to divest of title for legal reasons. Past acceptance of cases involving set aside of deeds have been under equity juris. Under equity analysis these issues here were legal. Equitable issues were ancillary to legal ones.

Citations: 235 Ga. 47 (1975); 254 ga. 658 (1985); S01D0372; 271 Ga. 745 (1999); 232 Ga. App. 513, n. 1 (1998) Category: Land & Equity

A02A0266, 267. Dkt 9/20/01. Aff 1/29/02.

S01A1862 G. Hughel Harrison v. Gwinnett Co.

Appeal condemnation order transferring title from NT to EE. Court does not have juris over condemnation cases and case not qualify as title to land case as defined by this Court

Citation: 235 Ga. 47 (1975) Category: Land

A02A0341 Dkt 10/20/01. W/D 10/11/01.

There were 75 transfers from 2001 Supreme Court Direct Appeals to COA . In 17 the NT was pro se (at least at some point in the case). Basis for suggesting Sup Ct juris in rank order: Equity 29, Consti 25, Land 13, Extra Ord R 3, Will 2, Div 1, Habeas 1, Armed Robbery-Capitol Sentence 1, 14 unknown. There maybe be more than one bases in a case. In the 14 unknown cases, 9 had pro se NTs. 2 transferred from COA to Sup Ct and back, both sought to invoke consti juris.

2002

Disc App S02D0021 United American Ins. Co. v. Ga. Dept of Ins. Transfer back to COA 10/10/01.

COA issue of retroactivity of law and therefore issue is constitutionality of law in appeal of superior court affirmance of Comm. of Ins. ruling . SUP ruling of Ins. Comm. is not law within meaning of constitutional question jurisdiction.

Citations: 220 Ga 239 ruling of State Rev Comm, 223 Ga App 603 questions of constitutionality of admin reg

A02D0033 Dkt 9/4/01 Granted 10/12/01

Disc App S02D0198 Mitchell v. Blount Transfer to COA 11/21/01.

SUP final order granting custody and setting child support not arise out of a marriage or final decree of divorce

Citation 199 ga 513

A02D0150 Dkt 11/21/01 Denied

Disc App S02D0257 Gorsuch v. City of Crawfordville. Transfer to COA 12/3/01. Appeal of denial of motion to set aside judgment and fi. fa. based on jurisdiction over injunctive relief, title to land and equity. SUP no evidence to ascertain whether it has jurisdiction

A02D0161 Dkt 12/4/01. Denied.

Disc App S02D0457 Hall, pro se, v. Morris, pro se. Transfer to COA 12/28/01.

appeal from appellant's action for payment of promissory note in which order favor appellee's counterclaims for rent, property damage, and failure to pay for services rendered.

SUP No basis for jurisdiction

A02D0185 Dkt 12/28/01. Contract. Denied.

Disc App S02D0720 Graham, pro se, v State. Transfer to COA 2/8/02.

Appeal from denial of extraordinary motion for new trial in burglary case based on newly discovered evidence of perjury. SUP no discernable basis for jurisdiction.

Citation 176 ga 96 juris over extraordinary remedies applies only to mandamus, prohibition, quo warranto and the like

A02D0226 Dkt 2/8/2. Denied.

Disc App S02D0763 Thompson, pro se, v. State. Transfer to COA 2/22/02.

Appeal of denial of motion to correct void sentence and motion for an evidentiary hearing. SUP since not a conviction of a capital felony not jurisdiction.

Citation OCGA 15-3-3

A02D0263 Dkt. 3/19/02. Dism.

Disc App S02D768 Johnson v. Carter. Transfer to COA 2/22/02.

Appeal denial of motion to set aside orders. SUP orders not within title to land or equity jurisdiction.

Citation 274 Ga 114

A02D0238 Dkt 2/22/02. Denied.

Disc App S02D0895 Southern Executive Offices, Inc. v. Executive Business Centers, Inc. Transfer to COA 3/11/02.

appeal of temporary restraining order

SUP based on interpretation and enforcement of contractual agreements not a balancing of equities, the propriety of injunctive relief is incidental to the issue of construing the underlying contractual agreements.

Citation 271 ga 745

A02D0257 Dkt 3/11/02. Denied.

Disc App S02D0988 Gordon v. State. Transfer to COA 3/11/02.

appeal is extraordinary motion to vacate and set aside void sentences upon conviction of burglary based on allegations not properly indicted on charges for which he was convicted in 1997, multiple prosecution for the same underlying criminal conduct and violations of his constitutional rights. SUP extraordinary motion to vacate and set aside void sentences not invoke juris over extraordinary remedies and any consti questions raised required only application of well-settled constitutional principles.

Citation 176 ga 96 extraord. remedies; 255 ga 449 well settled consti principles

No application found.

Disc App S02D1195 Dekalb Co v. Drs Investment, Inc. Transfer to COA 5/13/02

appeal denial of motion to set aside and vacate consent order in action for declaratory judgment and injunctive relief regarding enforcement of sign ordinance. Argue co. atty who agreed to consent order did not have author to bind NT. SUP on appeal issue is whether tc had any basis under OCGA 9-11-60 (d) to vacate and set aside consent order and this not fall within equity jurisdiction.

Citation 271 ga 745, 261 ga 608

A02D0325 Dkt 5/13/02. Granted.

Disc App S02D1226 Mann, Pro Se v. State. Transfer to COA 5/13/02

appeal denial of extraordinary motion to vacate/set aside sentence judgment arising from possession of cocaine with intent to distribute conviction. SUP extraordinary mot for new trial does not invoke extraordinary remedy juris.

Citation 176 ga 96

A02D0324 Dkt 5/13/02. Dism.

Disc App S02D1239 Crowder v Hall Co. Transfer to COA 5/24/02.

appeal of grant of summary judgment in action concerning discharge from employment based on challenge consti of Hall co. rules and reg and Hall co Fire Srvcs rules and regs. SUP administrative rules and reg are not laws of state so not within meaning of consti question juris.

Citation 220 ga 239, 223 Ga App. 603

A02D0339 Dkt 5/24/02. Denied.

Dis App S02D1292 Thompson, Pro se v. State. Transfer to COA 5/15/02

appeal from order denying his motion to recuse and set aside judgment of his conviction for child molestation, rape, obstructing a law enforcement officer, and possession of a knife during commission of a felony. t. c. denial of motion stated concerned procedure for drawing and creating the jury pool and issue already had been decided and was untimely. SUP No basis for juris.

A02D0328 Dkt 5/15/02 Denied.

Disc App S02D1403 Brian E. Kozar v. Kozar. Transfer to COA 6/21/02.

on trial cross motions for mod of visit and custody, contempt, mod of alimony and child supp

t c ruled only on the custody issue and NT appeals on that issue. T.c. hold other issues for later ruling. SUP although we have juris over post-divorce proceedings such as contempt involving alimony and support, not have juris on only child custody

Citations: 256 Ga 507, 247 Ga 26

A02D0381 Dkt. 6/26/02. Dism.

Disc App S02D1402 Anderson, Pro se v. State. Transfer to COA 6/21/02.

appeal dismissing mot to void illegal conviction and sentence because the conduct to which he pled guilty did not constitute a crime since the victim of the robbery was his legal spouse. SUP no basis for SUP juris.

A02D0388 Dkt 7/5/02. Granted.

Disc App S02D1406 Mishal v. Mishal. Transfer to COA 6/21/02

appeal denial of motion to recuse in a pending divorce action. SUP only issue is whether judge properly refused to recuse, no issue invoking court's divorce and alimony judgment.

Citations: 190 ga app 61

A02D0379 Dkt 6/26/02. Dism.

Disc App S02D1461 PC Group Acquisition 1, Inc. v. Winchester Ins. Co. Transfer to COA 6/21/02.

appeal granting of EE's motion to stay arbitration based on issue of whether counsel was notified of hearing on motion to stay, whether DeKalb or Fulton Co. had juris to consider the mot under the terms of the arbitration agreement, whether the mot to stay was timely under ocga 9-9-6 (d) of the Arbitration Code, and whether the superior court could order the American Arbitration Assn to stay the Atlanta proceedings when the Assn was not a party to the action. SUP all questions are of law not equity.

Citation 271 ga 745

A02D0380 Dkt 6/26/02. Dism.

Disc App S02D1505 Brown v. Carswell. Transfer to COA 6/25/02.

appeal of tc order awarding temporary custody of children, setting forth visitation rights of maternal grandparents pending permanent legal custody decision. SUP altho children's custody initially determined in divorce decree, issues on appeal arise from mod petition filed by grandparents so don't involve divorce and alimony.

Citation 247 ga 26

A02I0288 Dkt 6/26/02. Denied.

Disc App S02D1582 Dansby v. New Century Mortgage. Transfer to COA 7/30/02

appeal of denial of injunctive relief. SUP no issue of legality or propriety of equitable relief, altho record refers to request for extraordinary remedies and prohibition, nothing in record indicates NT sought at trial level that type of relief.

No application found.

Disc App S02D1602 Hardigree v. Baker. Transfer to COA 7/26/02.

appeal of denial of petition for modification of child custody. SUP not involve a judgment for divorce

Citation 247 GA 26

A02D0411. Dkt 7/26/02. Denied.

Disc App S02D1607 Scott, Pro Se v. Scott. Transfer to COA 7/26/02.

No Sup rationale

Citation 256 ga 507

A02D0410 Dkt 7/26/02. Denied.

Disc App S02D1634 Mayo, Pro Se v. State. Transfer to COA 7/25/02.

appeal denial of motion to vacate judgment and sentence based on challenge to consti of OCGA 17-1-4.

SUP consti challenge must be made at first opportunity, this is in third mot to vacate judgement so untimely and convictions for burglary, armed robbery, aggrav assault not invoke SUP juris

Citations 271 Ga 597, 272 ga 361

A02D0414 Dkt 7/25/02. Denied.

Disc App S02D1637 Musgrove v. Dougherty Co Bd of Comm. Transfer to COA 7/24/02.

appeal dismissal of complaint for declaratory jud in which allege co zoning ordinance unconsti transfer because TC not rule distinctly on consti question altho t court essentially concluded zoning constiu order stated not rule on consti since nt action rendered matter moot

Citation: 269 Ga. 127

A02D0407 Dkt. 7/25/02. Denied.

Disc App S02D1718 Greer, Pro Se v. Hicks, Warden. Transfer to COA 8/13/02.

appeal of order dismiss civil action due to nt failure to attach expert affidavit for professional malpractice required by 9-11-9.1 . SUP no basis for juris.

A03D0075 Dkt 10/09/02. Dism.

Disc App S02D1870 Walker, Pro se v. State. Transfer to COA 9/13/02.

appeal denial of Motion for order to correct record, vacate or set aside criminal case sentence challenging recidivist sentence on conviction of armed robbery. SUP no issue invoke juris of Sup court

A03D0042 Dkt. 9/16/02. Dims.