Anderson v. Flake

Sears, Justice.

This appeal is brought from the trial court’s dismissal of Petitioner’s Information in the Nature of Quo Warranto (“the Petition”), challenging Respondent’s eligibility to hold office as a Judge of the DeKalb County Superior Court. We find that the trial court erred (1) by failing to make the relevant inquiries in deciding Respondent’s motion to dismiss, and (2) by basing its dismissal on the erroneous conclusion that the Petition failed on its face to raise any question of fact regarding Respondent’s residential qualification to sit as an elected judge in DeKalb County.…