Copeland v. White

In order to focus clearly on the issue before the court, I deem it necessary to review the procedural journey of this case prior to the surfacing of the instant appeal.

Appellant was first convicted in the Probate Court of Fayette County in 1983 for DUI and improper parking. Within the time permitted by law appellant filed a writ of certiorari in the Superior Court of Fayette County. The respondent failed to answer within the requi*646site time period. Nevertheless, relying on City of Atlanta v. Schaffer, 245 Ga. 164 (264 SE2d 6) (1980), respondent filed a motion to dismiss in superior court,…