Robertson v. Parker-Smith - Emergency Motion Denied

GA Court of Appeals Opinions

Filed February 26th, 2026

Detected February 27th, 2026

Summary

The Court of Appeals of Georgia denied an emergency motion in the case of Robertson v. Parker-Smith. The appellant petitioned for a Writ of Mandamus but failed to follow the required procedure of filing in the appropriate lower court first.

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What changed

The Court of Appeals of Georgia denied an emergency motion filed by the appellant in the case of Robertson v. Parker-Smith, docket number A26E0150. The appellant sought a Writ of Mandamus to compel the appellee (a judge) to issue a written order affirming a ruling made from the bench. The court found that the petition did not meet the criteria for invoking the court's original mandamus jurisdiction, as the appellant had not first filed the petition in the appropriate lower court, citing established procedural rules.

This decision means the appellant's request for mandamus relief is denied. Legal professionals involved in similar situations should ensure they follow the correct procedural steps, including filing initial petitions in the lower courts before seeking appellate intervention, to avoid dismissal of their requests. Non-compliance with these procedural requirements can lead to the denial of relief.

What to do next

Ensure all petitions for writs of mandamus are first filed in the appropriate lower court before seeking appellate jurisdiction.
Review internal procedures for seeking extraordinary writs to ensure compliance with state appellate rules.

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Feb. 26, 2026 Get Citation Alerts Download PDF Add Note

DAWN ROBERTSON v. YOLANDA PARKER-SMITH, JUDGE

Court of Appeals of Georgia

Citations: None known
Docket Number: A26E0150
Disposition: Emergency Motion Denied
Opinion
Authorities (3)
Cited By (0)
Summaries (0)
Similar Cases (0)
PDF

Disposition

Emergency Motion Denied

Combined Opinion

Court of Appeals
of the State of Georgia
ATLANTA,____________________
February 26, 2026
The Court of Appeals hereby passes the following order:
A26E0150. ROBERTSON v. YOLANDA PARKER-SMITH, JUDGE et
al.
Appellant has petitioned this Court for a Writ of Mandamus ordering
Appellee to issue a written order affirming a ruling made from the bench
following a hearing. But having reviewed Appellant’s petition, this does not
appear to be one of the rare instances that will invoke this Court’s original
mandamus jurisdiction.
In general, “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).
Thus, before seeking to invoke this Court’s original mandamus jurisdiction, the
procedure which must be followed is to first file the petition in the appropriate
lower court. See Graham v. Cavender, 252 Ga. 123, 123 (311 SE2d 832) (1984);
Expedia, Inc. v. City of Columbus, 305 Ga. App. 450, 455 (2)(b) (699 SE2d 600)
(2010) (“Except in the rarest of cases, litigants seeking to invoke this Court’s
original jurisdiction . . . must first petition the superior court for such relief.”).
In this matter, Appellant appears to acknowledge that she has not filed a
petition for a Writ of Mandamus in the appropriate lower court. Accordingly,
Appellant’s petition is hereby DENIED. See Court of Appeals Rule 40(c)(1).

Court of Appeals of the State of Georgia
Clerk’s Office,
Atlanta,____________________
02/26/2026
I certify that the above is a true extract from
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.