Rozar v. Donald

Hines, Justice.

This Court granted inmate Scott Lee Rozar’s application for discretionary appeal from a January 14, 2005 order of the Superior Court of Fulton County dismissing his petition for writ of mandamus for “want of prosecution.”1 The issue is whether the superior court erred by dismissing the mandamus petition filed by Rozar, an incarcerated party, based upon his failure to appear at a hearing in the matter, when the superior court did not grant Rozar’s motion for issuance of a writ of habeas corpus ad testificandum. For the reasons which follow, it must be concluded that the superior…