Smith & Wesson Corp. v. City of Atlanta
Smith & Wesson Corp. v. City of Atlanta
Opinion of the Court
On February 4, 1999, the City of Atlanta filed suit in the State Court of Fulton County against a number of firearms manufacturers, distributors, and trade associations to recover damages the City allegedly incurred in expenses associated with the manufacture, distribution, marketing, promotion, and sale of defective, negligently designed and unreasonably dangerous firearms. Five days later, in response to the City’s lawsuit, the Georgia General Assembly amended the firearms regulation statute, OCGA § 16-11-184,
Believing that the amended firearms regulatory statute precluded the City from pursuing any relief against firearms manufacturers, on November 11, 1999, Glock, Inc. and Browning Arms Company
1. The City’s products liability complaint which mirrored lawsuits filed by other major cities, alleged that the firearms industry should be held responsible for gun violence resulting from the manufacture and distribution of handguns. Appellant Smith & Wesson contends that it was error for the superior court to refuse its petition to command the state court to dismiss the lawsuit because the amended statute prohibits a local political subdivision from taking any action related to firearms regulation, including instituting civil lawsuits.
Mandamus and its counterpart, prohibition, are extraordinary remedies available in limited circumstances to correct a clear abuse of discretion, where a duty imposed by law has been violated and where there is no adequate remedy by appeal. OCGA §§ 9-6-20, 9-6-40; Banks v. Benham, 270 Ga. 91 (510 SE2d 290) (1998). See Russell v. Evans, 260 Ga. 754 (2) (400 SE2d 11) (1991). Extraordinary writs are not the proper remedy to seek review of rulings of a trial court, including the denial of a motion to dismiss, as the reviewing court rarely has the authority to interfere with matters committed to the lower court’s discretion or to substitute its judgment for that of the lower court. Banks v. Benham, supra at 92. Extraordinary writs can only issue when the official act sought to be compelled is purely ministerial, not judicial in nature. Id. As the United States Supreme Court in Wilbur v. United States, 281 U. S. 206, 218-219 (50 SC 320, 74 LE2d 809) (1930), opined:
Where the duty in a particular situation is so plainly prescribed as to be free from doubt and equivalent to a positive command it is regarded as being so far ministerial that its performance may be compelled by mandamus, unless there be provision or implication to the contrary. But where the duty is not thus plainly prescribed but depends upon a statute or statutes the construction or application of which is not free from doubt, it is regarded as involving the character of judgment or discretion which cannot be controlled by mandamus.
(Footnotes omitted.) A complaint that a trial court has failed to analyze or apply the law correctly is not the type of grievance which will support the issuance of an extraordinary writ because this remedy cannot act as a substitute for an appeal. Self v. Bayneum, 265 Ga. 14, n. 1 (453 SE2d 27) (1995). “Where 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 manner different from the way he has performed it.” (Footnote omitted.) Banks v. Ben-
In support of the position that an extraordinary remedy and not an appeal from a final judgment is nonetheless required, appellant Smith & Wesson contends that this case is an exception to the general rule because it does not have an equally convenient, complete and beneficial remedy. See North Fulton Med. Ctr. v. Stephenson, 269 Ga. 540, 544-545 (501 SE2d 798) (1998). We disagree. In North Fulton Med. Ctr., because a legal remedy did not exist at the time mandamus was sought, the appellate court was faced with compelling factors which made mandamus, and not direct appeal, the appropriate remedy. In contrast, in this case there were no compelling factors present at the time Smith & Wesson instituted its action in the superior court which made mandamus or prohibition, rather than an appeal, the appropriate remedy. Instead, Smith & Wesson sought to bypass the appeal process by requesting the superior court to issue a writ directing the state court to disregard an order made in the exercise of its discretion. We reject the manner in which Smith & Wesson challenged the unfavorable ruling and find that the superior court did not err when it refused to issue an order in the nature of mandamus or prohibition compelling the state court to dismiss the City’s lawsuit.
2. Smith & Wesson and Glock, Inc. urge that the superior court should have rendered a declaratory judgment and injunction prohibiting the continuation of the pending state court action. For essentially the same reasons which underscore our determination that Smith & Wesson was not entitled to have the superior court order the dismissal of the suit in the state court, we find that the trial court did not err in refusing to grant the request for issuance of a declaratory judgment, Chattahoochee Bancorp v. Roberts, 203 Ga. App. 405 (416
3. Relying on Waldrip v. Head, 272 Ga. 572 (532 SE2d 380) (2000), Glock, Inc. presents the alternative argument that even absent a certificate of immediate review, this Court should consider the merits of the interlocutory ruling by the state court and decide whether the City’s suit is barred by OCGA § 16-11-184 (b) (2). This Court has clearly stated that in reviewing cases on appeal it will not pass upon questions on which no final ruling has ever been made by the trial judge or where there is no compliance with the requirement of OCGA § 5-6-34 (b) that the trial court certify its order for immediate review.
Judgments affirmed.
Section (b) (1) of the statute enacted before the 1999 amendment stated that no county or municipal corporation “shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms, components of firearms, firearms dealers, or dealers in firearms components.” Ga. L. 1995, pp. 139, 147, § 2.
Subdivision (b) (2) provides that
[t]he authority to bring suit and [the] right to recover against any firearms or ammunition manufacturer, trade association, or dealer by or on behalf of any governmental unit created by or pursuant to an Act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public shall be reserved exclusively to the state.
Smith & Wesson Corp. filed the motion to dismiss and other defendants in the state
Appellant Browning Arms Company joined Glock, Inc. in the declaratory judgment action. Although Browning Arms Company was not a named defendant in the state court action, Browning owes an indemnity obligation to Arms Technology, Inc., a named defendant.
The City of Atlanta and its mayor, William Campbell, were named defendants in the complaint filed by Glock, Inc. and Browning Arms Company.
The petition for writ of mandamus, writ of prohibition, declaratory judgment, and injunctive relief was filed by Smith & Wesson Corp., Sturm, Ruger & Company, Inc., Beretta U.S.A. Corp., Bryco Arms, B.L. Jennings, Inc., and Colt’s Manufacturing Company, Inc.
The complaint filed by Smith & Wesson also named William Campbell and members of the Atlanta City Council as defendants.
Concurring Opinion
concurring.
I reluctantly concur in the holding that the firearms manufacturers, distributors, and trade associations are not entitled to the relief sought in these collateral actions, but write to make clear that this determination does not reach the ultimate issue of whether state law precludes municipalities from maintaining actions like the City of Atlanta’s pending suit in the State Court of Fulton County. I believe it does.
Although the State Constitution provides that “[t]he right of the people to keep and bear arms shall not be infringed,” it gives the General Assembly the sole power to reásonably regulate this right.
Considering that statute, I disagree with the trial court’s decision denying a certificate of immediate review in the underlying action. While the trial judge has broad discretion, I question whether that discretion should be absolute when a determination of the issue would more likely than not “be dispositive of the case.” In such cases, both the parties and the judicial system would be better served by granting the certificate, thus affording an opportunity for a more
I am authorized to state that Justice Sears joins in this concurrence.
Art. 1, Sec. 1, Par. 8; Landers a State, 250 Ga. 501 (299 SE2d 707) (1983); Carson v. State, 241 Ga. 622 (247 SE2d 68) (1978); and Rhodes v. R. G. Industries, 173 Ga. App. 51 (325 SE2d 465) (1984).
OCGA § 16-11-184.
Reference
- Full Case Name
- SMITH & WESSON CORPORATION Et Al. v. CITY OF ATLANTA Et Al.; GLOCK, INC. Et Al. v. CITY OF ATLANTA Et Al.
- Cited By
- 18 cases
- Status
- Published