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BYRD v. CITY of ATLANTA et al.
S96A0954.
FLETCHER, Presiding Justice.
Mandamus. Fulton Superior Court. Before Judge Long.
The city fired Maggie Byrd from her job with the Atlanta Police Department for violating work rules. The Atlanta Civil Service Board modified the dismissal to a 30-day suspension, but failed to award back pay. Byrd did not appeal that decision. She filed this mandamus action seeking an order directing the city attorney to approve her back pay.
The writ of mandamus is an extraordinary remedy that is available only when the petitioner has a clear legal right to the relief sought and there is no other adequate legal remedy. 1 In granting the city's motion to dismiss, the trial court ruled that Byrd could have challenged the civil service board's omission of back pay by appealing its decision to the superior court by writ of certiorari. Because we agree that Byrd had an adequate legal remedy that she failed to exercise, we affirm.
June D. Green, Clifford E. Hardwick IV, Rolesia D. Butler, for appellees.
Notes
1  Thompson v. Paulk, 265 Ga. 479 (457 SE2d 665) (1995).* The crime occurred on May 12, 1994. Davis was arrested on May 22, 1994, and was indicted for murder on August 19, 1994. He was reindicted on September 23, 1994, to add a co-defendant and additional counts of felony murder and aggravated assault. Trial commenced on January 10, 1995, and concluded on January 13 with a verdict finding Davis guilty on all counts. The trial court sentenced Davis to life imprisonment on that same day, the convictions on the other counts being vacated by vacating the felony murder and aggravated assault convictions by operation of OCGA 16-1-7. A motion for new trial was filed on January 26, 1995, amended on March 13, 1995, and denied on August 14, 1995. Pursuant to a notice of appeal filed September 11, 1995, the record was transported to this Court where the appeal was docketed on October 27, 1995, and was submitted for a decision on the briefs on December 18, 1995.
Robert A. Maxwell, for appellant.
DECIDED JUNE 17, 1996 -- RECONSIDERATION DENIED JULY 12, 1996.
Thursday May 21 05:25 EDT


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