Insurance Co. of North America v. Dimaio

I am in agreement with the majority opinion. However, there are some observations that I feel it proper to make.

I agree that when a statute provides that an official performing a judicial or a quasi-judicial function may exercise a discretion, there is a correlative duty upon him to do so when he is confronted with a motion or other situation involving an exercise of discretion. See cases cited in American Liberty Ins. Co. v. Sanders, 120 Ga. App. 203. I agree, too, that the failure or refusal of such an officer to rule on a matter properly presented for the invoking of a ruling is tantamount *217…