Matthew Chan v Linda Ellis

Brief of Appellee Linda Ellis

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Appellee Linda Ellis (hereafter, “Appellee”, “Linda Ellis”, or “Ms. Ellis”) respectfully responds to the Brief of Appellant (hereafter, “Appellant” or “Chan”) appealing the Stalking Permanent Protective Order issued pursuant to O.C.G.A. §16-5-90, (hereafter, “Georgia’s Stalking Statute”).

Jurisdiction The Georgia Court of Appeals has jurisdiction over the instant Appeal pursuant to the Georgia Constitution which states, “The Court of Appeals shall be a court of review and shall exercise appellate and certiorari jurisdiction in all cases not reserved to the Supreme Court or conferred on other courts of law”. Ga. Const. Art. 6, §5 para, 3. This appeal does not concern a matter reserved exclusively to the Georgia Supreme Court, which exercises exclusive appellate jurisdiction in (1) all cases involving the construction of a treaty or of the Constitution of the State of Georgia or of the United States in all cases in which the constitutionality of a law ordinance or constitutional provision has been drawn in question; and (2) all cases of election contest. Ga. Const. Art. 6, §6 para 2. The instant Appeal does not 2 challenge the constitutionality of O.C.G.A. §16-5-90 , merely its application in the instant case. Further, the Georgia Court of Appeals has jurisdiction over appeals involving statutes conferring injunctive relief. See Allen v. Hub Cap Heaven, Inc., Hub Cap Masters International, Inc. v. Hub Cap Heaven, Inc., 484 S.E.2d 259; 225 Ga.App. 533(1997).

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Published In: Civil Procedure Updates, Criminal Law Updates, Intellectual Property Updates, Privacy Updates

Reference Info:Appellate Brief | State, 11th Circuit, Georgia | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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Timothy McCormack
McCormack Intellectual Property PS

Timothy B. McCormack is a Seattle native with noteworthy international experience, having formally... View Profile »


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