ANDERSON v. FLAKE

No. S96A1979.

480 S.E.2d 10 (1997)

267 Ga. 498

ANDERSON v. FLAKE.

Supreme Court of Georgia.

Reconsideration Denied February 14, 1997.


Attorney(s) appearing for the Case

J.M. Raffauf, Gerard John Lupa, Decatur, for Anderson.

Michael J. Bowers, Attorney General, John C. Jones, Senior Assistant Attorney General, Stacey L. Ferris-Smith, Assistant Attorney General, Atlanta, for Flake.


SEARS, Justice.

This appeal is brought from the trial court's dismissal of Petitioner's Information in the Nature of Quo Warranto ("the Petition"), challenging Respondent's eligibility to hold office as a Judge of the DeKalb County Superior Court. We find that the trial court erred (1) by failing to make the relevant inquiries in deciding Respondent's motion to dismiss, and (2) by basing its dismissal on the erroneous conclusion that the Petition failed on its face...

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