Cedric Herbert v. Jefferson County Board of Commissioners - Mandamus Dismissed

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April 8, 2026 Get Citation Alerts Download PDF Add Note

CEDRIC HERBERT v. JEFFERSON COUNTY BOARD OF COMMISSIONERS

Court of Appeals of Georgia

• Citations: None known
• Docket Number: A26O0003

• Disposition: Dismissed

• Opinion

• Authorities (3)

• Cited By (0)

• Summaries (0)

• Similar Cases (0)

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Disposition

Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
April 08, 2026

The Court of Appeals hereby passes the following order:

A26O0003. CEDRIC HERBERT v. JEFFERSON COUNTY BOARD OF
COMMISSIONERS et al.

Cedric Herbert filed an original mandamus petition in this Court, seeking to
require the trial court judge in a pending civil action to refer to another judge a motion
for recusal filed by Herbert.
“Generally, the superior courts of this state have the power, in proper cases, to
issue process in the nature of mandamus, prohibition, specific performance, quo
warranto, and injunction, and hence the need to resort to the appellate courts for such
relief by petition filed in the appellate courts will be extremely rare.” Brown v.
Johnson, 251 Ga. 436, 436 (306 SE2d 655) (1983); see Ga. Const. of 1983, Art. VI, Sec.
I, Par. IV (providing that appellate courts have mandamus authority in aid of their
jurisdiction). Moreover, mandamus will issue “only if (1) no other adequate legal
remedy is available to effectuate the relief sought; and (2) the applicant has a clear
legal right to such relief.” Bibb County v. Monroe County, 294 Ga. 730, 734 (2) (755
SE2d 760) (2014). As the Supreme Court of Georgia recently explained, “it will be an
‘extremely rare’ circumstance that would require a party to seek a writ of mandamus
in [an appellate court] in the first instance, given that superior court judges have the
power to issue process in the nature of mandamus against other superior court judges
or trial court officials.” Arnold v. Alexander, 321 Ga. 330, 335 (1) n.6 (914 SE2d 311)
(2025). Rather, the procedure to be followed before seeking to invoke this Court’s
original jurisdiction is to file the petition in the appropriate lower court first. Id.
Here, there is no indication that Herbert petitioned the superior court for a writ
of mandamus, and this is not one of the extremely rare instances in which this Court
will exercise its original jurisdiction. Thus, there is no basis for this Court to exercise
its jurisdiction, and this original petition is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/08/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.

, Clerk.