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Robinson v. Glass

O.C.G.A. § 9-15-14 does not limit recovery to a certain party and the county clerk should not escape liability for failing to transmit the record in a case simply by complying belatedly after the appellee filed a mandamus petition.

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Cathelene T. Robinson, the Clerk of the Superior Court of Fulton County, appeals a trial court order awarding attorney fees under OCGA § 9-15-14 in a mandamus petition filed by Stuart D. Glass to compel Robinson to transmit a record to this court.1 Because Robinson’s office did not follow the statutory procedure, failed to transmit the record in a timely fashion, and interposed frivolous contentions in its answer, the trial court correctly found that Robinson’s position was “unsupported by a sufficient factual or legal basis” and caused Glass to incur unnecessary trouble and expense. We therefore affirm. As the trial court noted in its order, in March 1995 Glass appealed an adverse decision of the Atlanta Civil Service Board to Fulton County Superior Court. In June 2007, the superior court affirmed the board’s decision, and Glass filed an application for discretionary appeal with this court. That application was granted on July 18, 2007, and on July 24, 2007, Glass filed his notice of appeal.

After three months passed with no preparation of the record or bill of costs, Glass’s counsel began telephoning the Fulton County Superior Court clerk’s office. He testified that he made approximately five telephone calls, that an assistant clerk promised him each time that she would check on the status of the record, and that no one ever called him back. On January 8, 2008, counsel prepared a letter to the supervisor of the Appeals Section inquiring about the status of the record. This letter was never answered. After receiving no response to his letter, Glass filed a petition for mandamus on February 2, 2008.

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