PRICE v. CALDWELL, A17A1632. (2017)
Court: Court of Appeals of Georgia
Number: ingaco20170530237
Visitors: 16
Filed: May 30, 2017
Latest Update: May 30, 2017
Summary: Order In this direct appeal, inmate Arttie Price challenges the trial court's denial of his petition for a writ of mandamus. 1 The respondent has filed a motion to dismiss, contending that this Court lacks jurisdiction to consider Price's appeal. We agree. Because Price is incarcerated, his appeal is controlled by the Prison Litigation Reform Act of 1996, OCGA 42-12-1 et seq. Under OCGA 42-12-8, an appeal of a civil action filed by a prisoner "shall be as provided in Code Section 5-6-35.
Summary: Order In this direct appeal, inmate Arttie Price challenges the trial court's denial of his petition for a writ of mandamus. 1 The respondent has filed a motion to dismiss, contending that this Court lacks jurisdiction to consider Price's appeal. We agree. Because Price is incarcerated, his appeal is controlled by the Prison Litigation Reform Act of 1996, OCGA 42-12-1 et seq. Under OCGA 42-12-8, an appeal of a civil action filed by a prisoner "shall be as provided in Code Section 5-6-35."..
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Order
In this direct appeal, inmate Arttie Price challenges the trial court's denial of his petition for a writ of mandamus.1 The respondent has filed a motion to dismiss, contending that this Court lacks jurisdiction to consider Price's appeal. We agree.
Because Price is incarcerated, his appeal is controlled by the Prison Litigation Reform Act of 1996, OCGA § 42-12-1 et seq. Under OCGA § 42-12-8, an appeal of a civil action filed by a prisoner "shall be as provided in Code Section 5-6-35." Thus, we lack jurisdiction to consider Price's direct appeal from the superior court's order. See Jones v. Townsend, 267 Ga. 489, 490 (480 S.E.2d 24) (1997).
We note that Price also filed an application for discretionary appeal of the same trial court order, and we denied his request. See Case No. A17D0302 (decided March 22, 2017). The denial of his application was an adjudication on the merits, so the doctrine of res judicata bars further appeal of the trial court's order. See Northwest Social & Civic Club, Inc. v. Franklin, 276 Ga. 859, 860 (583 S.E.2d 858) (2003); Hook v. Bergen, 286 Ga.App. 258, 260-261 (1) (649 S.E.2d 313) (2007). Accordingly, the respondent's motion is hereby GRANTED and this appeal is hereby DISMISSED.
FootNotes
1. Price directed his appeal to the Supreme Court, which transferred the case to this Court.
Source: Leagle
