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Alexander v. Gibson

Court: Georgia Supreme Court
Case Number: 300 Ga. 394
Decision Date: November 30, 2016
Case Type: Mandamus
The Supreme Court of Georgia held that a State Court clerk had a clear duty to file a motion to compel under the requested case number without making an independent determination about whether a new case number should be assigned. Alexander, the Clerk for the State Court of Gwinnett County, refused to file a motion to compel discovery under a particular case number requested by the filing party, Gibson. The trial court granted the mandamus petition and contended that “state court clerks have the legal duty to file pleadings, not to ascertain their legal effect.”

 
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