Fein v. Bessen
Annotate this CaseOut-of-state attorney Frederick Fein appealed a final order of the Superior Court of Fulton County granting the motion of state court judge Diane Bessen, to dismiss Fein’s “Amended Petition for Writ of Mandamus” for failure to state a claim. The mandamus petition, as amended, sought to compel Judge Bessen to rule on default motions and to enter a final judgment in a civil action pending before her so that Fein might pursue his alleged “clear legal right to appeal Judge Bessen's revocation of his pro hac vice admission in that action.” In granting the motion, the superior court ruled that Fein failed to state such a claim because Judge Bessen was precluded from entering the requested orders inasmuch as a bankruptcy petition filed in the matter acted as an automatic stay, which had not been lifted, thus barring Judge Bessen from entering any other orders in the Chenault case. Finding no error in that decision, the Supreme Court affirmed the dismissal.
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