Vanalstine v. Roach, 461 S.E.2d 539 (Ga. 1995). · Go Syfert
Vanalstine v. Roach, 461 S.E.2d 539 (Ga. 1995). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: Ford Motor Co. v. Lawrence (ga, 2005-04-26)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Ford Motor Co. v. Lawrence
Ga. · 2005 · confidence medium
Kappelmeier v. Iannazzone, 279 Ga. 131 ( 610 SE2d 60 ) (2005) (mandamus not available to review judicial decision on motion to recuse judge because there is a right of judicial review); Smith & Wesson Corp. v. City of Atlanta, supra, 273 Ga. at 433 (mandamus not available to review judicial denial of motion to dismiss case); White v. Lumpkin, 272 Ga. 398 ( 529 SE2d 879 ) (2000) (mandamus not available to review judicial decision! to deny recusal motion); Tamaroff v. Cowen, 270 Ga. 415 ( 511 SE2d 159 ) (1999) (mandamus not available to review judicial decision to appoint permanent process serve…
discussed Cited as authority (rule) Chandler v. Davis
Ga. · 1998 · confidence medium
To obtain reversal of a judicial order, “pursuit of the available method of obtaining appellate review, rather than mandamus, is the proper remedy. [Cits.]” VanAlstine v. Roach, 265 Ga. 820, 821 ( 461 SE2d 539 ) (1995).
Retrieving the full opinion text from the archive…
VANALSTINE
v.
ROACH
S95A1311.
Supreme Court of Georgia.
Sep 25, 1995.
461 S.E.2d 539
James E. VanAlstine, pro se., Garry T. Moss, District Attorney, Michael J. Bowers, Attorney General, John C. Jones, Senior Assistant Attorney General, for ap-pellees.
Carley.
Cited by 2 opinions  |  Published
Carley, Justice.

VanAlstine presented for filing a pro se petition for mandamus against numerous participants in a prior civil proceeding, including Judge Roach (Judge) who presided in that proceeding. According to the allegations of VanAlstine’s petition, the Judge and the other participants in the prior civil proceeding had “conspired, deprived and violated his constitutional rights by depriving him of his property without due process” and also had “deprived [him] of his right to a jury trial. . . .” In conjunction with his petition, VanAlstine paid no filing fee, but submitted a form denominated as an “In Forma Pauperis Declaration.” In accordance with OCGA § 9-15-2, the peti[*821] tion was not filed, but was submitted to the trial court for review. The trial court entered an order which denied filing to the petition, finding that it “lacks any justiciable issue of law or fact for which the Court could reasonably grant relief against any party named” therein. It is from this order that VanAlstine brings the instant pro se appeal.

Decided September 25, 1995 Reconsideration denied November 3, 1995. James E. VanAlstine, pro se. Garry T. Moss, District Attorney, Michael J. Bowers, Attorney General, John C. Jones, Senior Assistant Attorney General, for ap-pellees.

A trial court’s entry of judgment in an action is a judicial act from which a direct appeal or an application for a discretionary appeal may be filed and, to reverse that judicial act, pursuit of the available method of obtaining appellate review, rather than mandamus, is the proper remedy. Barber Fertilizer Co. v. Chason, 265 Ga. 497 (458 SE2d 631) (1995). Compare Self v. Bayneum, 265 Ga. 14 (453 SE2d 27) (1995). Since VanAlstine’s petition shows on its face that mandamus is not an available remedy, the trial court did not err in exercising its authority under OCGA § 9-15-2 to deny filing.

Judgment affirmed.

All the Justices concur.