Alexander v. GibsonAnnotate this Case
This case arose out of the refusal of Richard Alexander, in his capacity as clerk of court in Gwinnett County, to file a motion to compel discovery under a particular case number requested by the filing party, Thomas Gibson. The requested case number had previously been assigned to a case to which the motion to compel was directly related, and Gibson filed a petition for a writ of mandamus in an effort to force Alexander to file the motion to compel under this case number. The trial court granted the mandamus petition, and Alexander appealed that ruling. Because the Supreme Court found that Alexander had a clear duty as the Clerk of the court to file the motion to compel under the requested case number without making an independent determination about whether a new case number should be assigned, it affirmed.