Legal Opinion · Dissent

Mid-Georgia Environmental Management Group, L.L.L.P. v. Meriwether County

Supreme Court of Georgia

Decided March 22, 2004No. S03A1487Published

1DissentHlNES, Justice

I respectfully dissent to Division 1 of the majority opinion. This Court mistakenly dismissed the application for discretionary appeal; rather, it was the direct appeal which should have been dismissed.16

First, I disagree with the majority’s statement that all cases involving the grant or denial of mandamus are within the exclusive jurisdiction of this Court, for the reasons set forth in my dissent in Lamar County v. E.T. Carlyle Co., 277 Ga. 690 (594 SE2d 335) (2004). And while the majority is correct in stating that the underlying subject matter controls the method of appeal, see Rebich v.…

2Cases cited6 opinions

  1. Rebich v. MilesSupreme Court of Georgia · 1994
  2. Ferguson v. Composite State Board of Medical ExaminersSupreme Court of Georgia · 2002
  3. O S Advertising Co. of Georgia, Inc. v. RubinSupreme Court of Georgia · 1997
  4. Prison Health Services Inc. v. Georgia Department of Administrative ServicesSupreme Court of Georgia · 1995
  5. Lamar County v. E.T. Carlyle Co.Supreme Court of Georgia · 2004

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