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Duty Free Air and Ship Supply Inc. v. Atlanta Duty Free LLC

The trial court should have dismissed the appellee's petition for writ of certiorari based on appellee's failure to post the mandatory bond.

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The City of Atlanta requested proposals from firms seeking to operate a duty-free shop in the international concourse of Hartsfield-Jackson Atlanta International Airport. Duty Free Air and Ship Supply, Inc. DFASS, and Atlanta Duty Free, LLC ADF, submitted the only proposals. An evaluation committee ranked ADF’s proposal ahead of DFASS’s proposal and submitted its findings to Benjamin DeCosta, the airport’s general manager. DeCosta, however, recommended DFASS as the best proponent to Adam Smith, the city’s chief procurement officer. Smith agreed with DeCosta’s recommendation and selected DFASS as the best proponent. ADF appealed Smith’s decision to an administrative hearing officer, who affirmed the decision. ADF then filed a petition for a writ of certiorari in superior court. DFASS and the city moved to dismiss the petition because it was not accompanied by a bond as required by OCGA § 5-4-5. In response, ADF filed a $250 bond by amendment, although it was not signed by the administrative hearing officer.

The superior court granted ADF’s petition for a writ of certiorari, finding that all the statutory requirements for issuance of the writ had been satisfied. The court subsequently reversed the decision of the hearing officer. DFASS applied to this court for discretionary review of the superior court’s rulings, and that application was granted.

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