Oxendine v. Government Transparency and Campaign Finance Commission

I agree that we have jurisdiction over this appeal, so I concur in Division 1 of the majority opinion. But I would hold that the superior court is authorized, on the record before us and in the exercise of his discretion, to hold that a final agency decision would not provide Oxendine an adequate remedy and so that Oxendine is entitled to interlocutory review under OCGA § 50-13-19 (a). So I respectfully dissent from Divisions 2 and 3. I would vacate and remand with instructions so the superior court can exercise that discretion.

OCGA § 50-13-19 (a) authorizes, under certain circumstances,…