Monday, February 18, 2019

Applications for Interlocutory Appeal

Granted

Case No. S19I0595, City of Atlanta et al. v. Atlanta Independent School System

On February 18, the Justices unanimously granted the application for interlocutory review, and posed the following questions:

  1. Is APS barred by the doctrine of sovereign immunity from suing the city of Atlanta?
  2. If APS is not barred by the doctrine of sovereign immunity, does APS have standing to sue?
  3. If APS is not barred from suit and has standing, did the trial court err when it denied the city of Atlanta's motion to dismiss on the merits? 
Timing note: when an application for IA is granted, the appellant must still file a notice of appeal with the trial court within ten days f the grant. The appellant's brief is then due within 20 days of the Court receiving the record from the trial court and docketing the case, and the appellee's brief is due either (1) within 40 days of docketing or (2) within 20 days of the filing of the appellant's brief, whichever is sooner. See rule 10.

No comments:

Post a Comment