Fitzpatrick v. Graham

Full title: FITZPATRICK v. GRAHAM

Court: Court of Appeals of Georgia

Date published: Feb 18, 1977

233 S.E.2d 284 (Ga. Ct. App. 1977)

233 S.E.2d 284

Opinion

53463.

ARGUED FEBRUARY 16, 1977.

DECIDED FEBRUARY 18, 1977.

Election contest. Madison Superior Court. Before Judge Gunter.

Gregory M. Perry, for appellant.

Tom Strickland, for appellee.

WEBB, Judge.

This is an election contest challenging the results of the April 10, 1976, Democratic Primary and August 31 runoff with respect to the race for Chairman of the Board of Commissioners of Roads and Revenues of Madison County. On November 2, subsequent to the ruling complained of in favor of the declared winner of the primary, the general election was held and defendant nominee was elected.

Since the ruling appealed pertains only to the primary election and runoff and defendant has won the general election, this appeal must be dismissed as moot. Carroll v. Cates, 134 Ga. App. 10 ( 213 S.E.2d 120) (1975); Cole v. Buice, 141 Ga. App. 96 (1977).

Appeal dismissed. Deen, P. J., and Marshall, J., concur.

ARGUED FEBRUARY 16, 1977 — DECIDED FEBRUARY 18, 1977.