HINES, Presiding Justice.
This is an appeal by out-of-state attorney Frederick J. Fein from a final order of the Superior Court of Fulton County granting the motion of Diane E. Bessen, a judge of the State Court of Fulton County, to dismiss Fein's "Amended Petition for Writ of Mandamus" for failure to state a claim. The mandamus petition, as amended, sought to compel Judge Bessen to rule on default motions and to enter a final judgment in a civil action pending before her so that Fein might pursue his alleged "clear legal right to appeal Judge Bessen's revocation of his pro hac vice admission in that action." For the reasons which follow, we affirm the dismissal.
Some history of the litigation is necessary. Florida attorney Fein was admitted pro hac vice to represent Continental Tire the Americas, LLC ("CTA"), one of multiple defendants in Chenault et al. v. Continental AG et al., (Civil Action No. 12EV016009J), a personal injury suit arising from a single-vehicle automobile collision. The Chenault plaintiffs contended that a tread separation on a tire designed, manufactured, and sold by CTA caused the mishap. Four additional defendants were named: Continental AG ("Continental AG"), who was never served, General Tire International Company ("General Tire"), Brown Tire Services ("Brown Tire"), and General Motors Corporation ("GMC"). On October 3, 2013, Judge Bessen issued an order ("Order") finding that Fein violated the
Fein requested that Judge Bessen issue a certificate of immediate review of the Order, but his request was denied. Nevertheless, Fein filed in the Court of Appeals both an application for interlocutory appeal and a direct appeal of the Order. The Court of Appeals dismissed the application for interlocutory appeal on November 26, 2013 for failure to comply with the interlocutory procedures of OCGA § 5-6-34 (b).
Prior to the Order, in April 2013, the Chenaults filed motions for default judgment against GMC and Brown Tire, and they refiled their motion for default judgment against GMC in May 2013, after their initial motion was denied. By letter dated November 10, 2014, GMC's counsel requested that Judge Bessen dismiss GMC as a defendant in the Chenault suit because GMC had filed for Chapter 11 bankruptcy protection and counsel maintained that the Chenaults were barred from recovering from GMC. After the Chenaults reached a settlement with CTA, in December 2014, Judge Bessen granted the Chenaults' motion to dismiss with prejudice CTA, General Tire, and Continental AG. Thus, the only defendants remaining in the Chenault action were GMC and Brown Tire, and Fein did not represent either of these parties in the litigation.
In July 2015, Fein filed the present mandamus petition in which he alleged, inter alia, that the default motions against GMC and Brown Tire had been pending before Judge Bessen for over two years in violation of
Judge Bessen answered and filed a motion to dismiss pursuant to OCGA § 9-11-12 (b) (6)
Fein contends that the superior court erred in dismissing his petition because the automatic stay imposed by GMC's bankruptcy petition did not impair Judge Bessen from dismissing GMC from the Chenault action or issuing orders therein against the non-debtor defendants and because he has a clear legal right to the sought mandamus relief. But, it is unnecessary to address the effect, if any, of the bankruptcy proceeding on the scope of Judge Bessen's authority to act in the Chenault suit because the superior court correctly determined that Fein does not have standing to seek, much less demand, the judgments at issue, and therefore, he has no
This Court is to review the dismissal of a petition for failure to state a claim upon which relief may be granted de novo, and is to construe the challenged pleadings in the action most favorably for the party who filed them, resolving all doubts regarding such pleadings in favor of the filing party. Sherman v. Fulton Cty. Bd. of Assessors, 288 Ga. 88, 89, 701 S.E.2d 472 (2010). Even doing so, Fein's mandamus petition, as amended, must fail.
Fein relies upon the Court of Appeals decision in Ford Motor Co. v. Young, 322 Ga.App. 348, 745 S.E.2d 299 (2013), to show he has the legal right to the sought mandamus relief and standing to appeal the Order. Ford Motor Co. v. Young was an appeal by two out-of-state attorneys, who were admitted pro hac vice to serve as counsel for Ford Motor Company in a product liability wrongful death case in state court, from the revocation of their pro hac vice admissions because of found violations of the Georgia Rules of Professional Conduct during the pretrial discovery process. The product liability wrongful death action was ultimately settled and dismissed, and the attorneys then filed the appeal from the order revoking their pro hac vice admissions. The Court of Appeals determined, inter alia, that the attorneys had standing to bring the appeal, and that the issues on appeal with regard to the revocation were not moot even though the underlying litigation had concluded. Id. at 352-353 (1) (a) & (b), 745 S.E.2d 299. However, the issues in this appeal are significantly different, both procedurally and substantively.
To begin with, Fein's pro hac vice admission was never revoked. Rather, Judge Bessen merely placed some precautionary limitations on his continued representation; he was still permitted to participate as counsel for CTA in the lawsuit. But, even assuming arguendo, that Ford Motor Co. v. Young provides authority for Fein to appeal the Order, it in no manner authorizes, much less legitimizes, his present separate action seeking the extraordinary remedy of a writ of mandamus.
Clayton Cty. Bd. of Comm'rs v. Murphy, 297 Ga. 763, 764, 778 S.E.2d 193 (2015) (Some internal citations and quotation marks omitted.) There may also have been a gross abuse of the public official's discretion. Voyles v. McKinney, 283 Ga. 169, 170 (1), 657 S.E.2d 193 (2008). That is simply not the case here.
In his mandamus petition, Fein invokes the 90-day mandate of OCGA § 15-6-21 (b), and asserts that mandamus relief is warranted because Judge Bessen has "never issued any rulings on the [d]efault [m]otions."
Judgment affirmed.
All the Justices concur.