This is an appeal from an order dismissing a petition for a writ of mandamus. Finding no error, we affirm.
Respondent, Judge Joseph C. Iannazzone, presided over a dispossessory proceeding which Household Realty Corporation brought against petitioner, Gottfried A. Kappelmeier, in the State Court of Gwinnett County. The judge ruled against Kappelmeier, granting Household Realty’s motion for summary judgment. The Court of Appeals affirmed.
Kappelmeier v. Household Realty Corp.,
Kappelmeier then filed this mandamus action against Judge Iannazzone, seeking an order directing the judge to recuse himself, and to vacate orders which the judge had entered, in the Household Realty cases. The superior court refused to grant a mandamus nisi and dismissed Kappelmeier’s petition. This appeal followed.
1. A direct appeal lies from the refusal of the superior court to grant a mandamus nisi. OCGA § 9-6-28.
2. The superior court did not err in refusing to grant a mandamus nisi and dismissing the petition. Where, as here, “there is a right of judicial review of the act of a judicial officer, mandamus is not an available remedy to require him to perform his judicial function in a
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manner different from the way he has performed it. [Cits.]”
Rossi v. Price,
3. It was not incumbent upon the superior court to render findings of fact and conclusions of law in dismissing the petition for mandamus. See
Walker v. Walker,
Judgment affirmed.
