Legal Opinion

Roberts v. Cuthpert

Supreme Court of Georgia

Decided September 19, 2023No. S23A0631PublishedCited by 1 opinion

1Opinion of the Court

317 Ga. 645

FINAL COPY S23A0631. ROBERTS v. CUTHPERT. LAGRUA, Justice. Georgia law permits a person who has been denied a weapons carry license by a probate judge to “bring an action in mandamus or other legal proceeding in order to obtain” such a license.1 The law further provides that “[i]f such applicant is the prevailing party, he or she shall be entitled to recover his or her costs in such action, including reasonable attorney’s fees.”2 We hold today that the General Assembly waived sovereign immunity for claims brought under OCGA § 16-11-129 (j) and that the Separation of Powers…

2Cases cited35 opinions

  1. Mireles v. WacoSupreme Court of the United States · 1991
  2. Forrester v. WhiteSupreme Court of the United States · 1988
  3. Gilbert v. RichardsonSupreme Court of Georgia · 1994
  4. Lathrop v. DealSupreme Court of Georgia · 2017
  5. Fullwood v. SivleySupreme Court of Georgia · 1999

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3Cited by1 opinion

  1. CARL GARDEI v. KEYBO TAYLOR, IN HIS INDIVIDUAL CAPACITYCourt of Appeals of Georgia · 2025

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