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Chandler v. Davis
Citations: 504 S.E.2d 440; 269 Ga. 727Docket: S98A0961
Court: Supreme Court of Georgia; September 14, 1998; Georgia; State Supreme Court
Wallace Chandler filed a complaint against Mrs. Davis, the owner of McDonald's, which was dismissed by Judge Steve Jackson for failure to state a claim. The Court of Appeals later reversed this dismissal. Following this, Chandler motioned for Judge Jackson to recuse himself, but Judge Joseph Newton denied this motion. Chandler then attempted to file a pro se petition for mandamus regarding the recusal issue, which included a request to proceed without payment of fees. Judge Newton denied the petition, citing a complete lack of justiciable issues. Chandler appealed this denial, but it was noted that he could have sought an interlocutory appeal regarding the recusal decision, which remains an option in the context of a direct appeal from a final judgment. The court clarified that seeking an appellate review is the proper remedy for challenging a judicial order, rather than pursuing mandamus relief. Consequently, the trial court's denial of Chandler's petition was affirmed, with all Justices in agreement.