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Garland Favorito et al.v.Alex Wan et al.

CourtCourt of Appeals of Georgia
Docket No.A26A1596, A26A1739
DecidedOctober 26, 2026
JudgesFIRST DIVISION BARNES, P. J., MARKLE and HODGES, JJ.
Tags
CivilElection LawCivil ProcedureSovereign ImmunityAppellate ProcedureRemand
Case Summary

Voters challenging Fulton County officials’ handling of the 2020 election appealed the dismissal of several claims and attorney-fee awards imposed on them in two companion appeals. The Court of Appeals affirmed dismissal of their declaratory, due process, and equal protection claims because they did not meaningfully explain why those claims survived. It reversed the county’s fee award under the statute for claims lacking any justiciable issue: reasonable lawyers could differ about the voters’ theory concerning prospective official acts. But it upheld the superior court clerk’s fee award because no arguable waiver of her sovereign immunity supported the claim against her. The case returns for the trial court to decide whether a separate statutory ground supports fees for the county. The opinion resolves fees and pleading arguments, not the validity of the election.

Opinion

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The Far Side comic: I told you guys to slow down and take it easy or something like this would happen.