Ewing v. City of Atlanta

The majority unnecessarily reverses the judgment of the trial court based upon a ruling which Appellees did not seek, which the trial court did not make, and of which Appellant has not complained.

The majority correctly recognizes that the complaint sought both mandamus relief and damages. In their answer, Appellees included a motion to dismiss the mandamus claim. OCGA§ 9-11-12 (b) (6). In the *655concluding portion of the answer, Appellees asked the trial court to dismiss that mandamus claim, consistent with the motion, and further to deny Appellant all requested relief. Clearly, therefore,…