MacDougald v

Phillips, 262 Ga. 778, 425 S.E.2d 652, 1993 Ga. LEXIS 293 (1993). Issuance of quo warranto improper. — Trial court erred in granting a citizen a writ of quo warranto revoking county board of equalization (BOE) members’ appointments because although BOE members were public officers subject to quo warranto, the citizen’s petition for a writ of quo warranto was subject to dismissal when the citizen did not seek leave of court prior to filing the complaint; although the trial court purported to award, in the alternative, a permanent injunction prohibiting the members from serving on the BOE until they were statutorily qualified, such relief was improper as an alternative to the writ of quo warranto. Everetteze v. Clark, 286 Ga. 11, 685 S.E.2d 72, 2009 Ga. LEXIS 643 (2009). Leave of court must be granted to seek writ of quo warranto. — Former city attorney followed correct procedure to obtain a writ of quo warranto by filing an application for leave of court to file an information in the nature of a quo warranto, and the trial court issued a rule nisi granting leave to file the petition; the order granting leave was not improper because the order was signed by the clerk of court, because under O.C.G.A. § 15-661(a)(3), the clerk was authorized to sign orders at the direction of a superior court judge. Jones v. Boone, 297 Ga. 437, 774 S.E.2d 668, 2015 Ga. LEXIS 494 (2015). Judge’s petition for a writ of quo warranto challenging the qualifications of members of the Judicial Qualifications Commission was due to be dismissed because the judge failed to obtain leave of court to file the petition for quo warranto as required by the plain language of the quo warranto statute, O.C.G.A. § 9-6-60. Crawford v. Balli, 355 Ga. App. 297, 844 S.E.2d 236, 2020 Ga. App. LEXIS 314 (2020). 539 9-6-62