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Alvin Lavon Moorev.City Of Statesboro Et Al.

CourtCourt of Appeals of Georgia
Docket No.A16A1791
DecidedJanuary 6, 2017
JudgesCourt of Appeals of Georgia
Tags
CivilGovernment LawCivil ProcedureDeclaratory JudgmentAppellate ProcedureVacaturRemand
Case Summary

Alvin Lavon Moore sought mandamus and declaratory relief against the City of Statesboro and related officials, and also asked to proceed without paying filing costs. The trial court dismissed the mandamus petition and summarily denied the request to proceed in forma pauperis. The Court of Appeals held that the trial court had not adequately resolved the filing-fee issue and had relied on the petition’s failure to state a claim without making the findings required by the governing statute. Although the court did not decide the merits of Moore’s underlying claims, it held that the trial court had to consider the request to proceed without prepayment separately and determine it on the record. The Court vacated the order and remanded for further proceedings, including consideration of the fee request. Two judges concurred.

Opinion

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Alvin Lavon Moore V. City Of Statesboro Et Al. — The Atlanta Gleaner