Background
Leon Fransceco Benjamin petitioned the Georgia Court of Appeals for mandamus relief against Gwinnett County Superior Court Clerk Tiana P. Garner. He sought an order requiring Garner either to certify and transmit records connected to notices of appeal he filed on August 5 and August 13, 2026, or to certify the reason transmission could not occur under OCGA § 5-6-43(a).
The superior court had scheduled a November 19, 2026 hearing on whether to dismiss Benjamin’s August 5 appeal for failure to pay costs. Benjamin had submitted an indigency affidavit in the trial court, but that court had declined to waive his appellate costs.
The Court’s Holding
The Court of Appeals dismissed the mandamus petition. It held that appellate-court mandamus is available only in extremely rare circumstances, because the appellate court’s authority to issue such writs is limited to matters necessary to aid its jurisdiction or effectuate its judgments.
Benjamin had no appeal pending in the Court of Appeals apart from separate mandamus matters, and his petition did not show that he lacked another adequate remedy or had a clear legal right to the requested relief. The court directed him to seek mandamus relief first in superior court and, if necessary, appeal that result.
Key Takeaways
- A party ordinarily must pursue mandamus in superior court before seeking that relief from the Georgia Court of Appeals.
- Appellate mandamus requires both no adequate alternative remedy and a clear legal right to relief.
- A conclusory claim that filing in superior court would be futile does not establish appellate mandamus jurisdiction.
Why It Matters
The order reinforces the narrow limits on original mandamus proceedings in Georgia’s appellate courts. Litigants challenging a clerk’s failure to transmit an appeal record generally must first develop the issue in superior court, even when the alleged delay concerns an appeal from that court.