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Collier v. Colfin AI GA I LLC

The trial court erred in denying the defendant's motion to proceed in forma pauperis without first holding an evidentiary hearing.

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Cynthia Nunez Collier, proceeding pro se, appeals the trial court’s order denying her pauper status and refusing to accept her petition for writ of certiorari OCGA § 5-4-3, in which she sought review of a dispossessory judgment. Collier contends that the trial court erred in denying her motion to proceed in forma pauperis OCGA § 9-15-2 without first holding a hearing. For the reasons that follow, we reverse and remand.

Although a trial court’s determination on the validity of a pauper’s affidavit is not normally subject to review, the procedure used by the trial court in making an indigence ruling is appealable. See Boyd v. JohnGalt Holdings, LLC, 318 Ga. App. 866, 868 1 736 SE2d 459 2012. “Whether the trial court followed the correct procedure when it denied Collier’s indigent status is a question of law for this Court.” Citations omitted. Id. at 869 2.

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