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