2023cv382670 Notice of Voluntary Dismissal

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Fulton County Superior Court

***EFILED***mJ
Date: 8/3/2023 9:44 PM
Che Alexander, Clerk

IN THE SUPERIOR COURT OF FULTON COUNTY


STATE OF GEORGIA

President Donald J. Trump,


Petitioner,
v.
Fani Willis, Esq.,
in her capacity as District Attorney for
the Atlanta Judicial Circuit, No. 2023CV382670

&
Hon. Robert McBurney,
in his capacity as Superior Court
Judge for the Atlanta Judicial Circuit,
Respondents.

N OTICE OF V O LUNT ARY D ISMISSA L U NDER OCGA


§ 9-11-41(a)(1)(A)

The Petitioner, President Donald J. Trump, petitioned this Court on July

14, 2023 for writs of mandamus and prohibition to vindicate his rights with

respect to the Fulton County District Attorney’s and the Supervising Fulton

County Superior Court Judge’s handling of the OCGA § 15-12-100 et seq.

special purpose grand jury investigation related to the administration of

Georgia’s 2020 election proceedings (Case No. 2022-EX-000024). As pled in

the petition, the position in which the Petitioner had been placed was such that

his lawfully filed motion in the special purpose grand jury matter had been left

undecided by the Supervising Judge and the forthcoming harm to the

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Petitioner became manifestly imminent. At that time, the Petitioner had no

choice but to seek this extraordinary relief.

Petitioner is now aware that his complaint of inaction has been satisfied—

particularly through the Order of the Supervising Judge on July 31, 2023. It

appears that the grant of this Court of a hearing on this matter by way of the

Rule Nisi issued on July 28, 2023 was effective in pursuing the relief thus

requested in an expedient fashion. Although the Petitioner does not agree with

the Supervising Judge’s analysis or ruling, there are now other channels to seek

judicial review of the underlying arguments. Specifically, the Petitioner

maintains that there needs to be appellate and/or additional review of the

propriety of this special purpose grand jury and the ability of the Fulton County

District Attorney’s Office to continue forward in this matter.

Therefore, since it appears that there is no additional relief this Court

could afford Petitioner and that any decision made by this Court would be

duplicative in nature, the Petitioner hereby dismisses his Petition and will

pursue his valid legal claims in the appropriate channels and forums as

permitted under the law. The petitioner is dismissing this action of his own

accord, which he may do under OCGA § 9-11-41 (a)(1)(A) prior to the first

witness having been sworn. Petitioner will now seek recourse via the processes

for appellate review in Title 5, Chapter 6 of the Official Code of Georgia.

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Respectfully submitted on August 3, 2023 by:

s:\ Drew Findling


D REW F INDLING
Ga. Bar No. 260425

s:\ Marissa Goldberg


M ARISSA G OLDBERG
Ga. Bar No. 672798
Findling Law Firm
3575 Piedmont Road
Tower 15, Suite 1010
Atlanta, Georgia 30305
(404) 460-4500
[email protected]
[email protected]

s:\ Jennifer Little


J ENNIFER L ITTLE
Ga. Bar No. 141596
Jennifer Little Law, LLC
400 Galleria Parkway SE
Suite 1920
Atlanta, Georgia 30339
(404) 947-7778
[email protected]
Counsel for President Donald J. Trump

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CERTIFICATE OF SERVICE

This is to certify that we have this day served the below- referenced counsel for

the opposing parties in the foregoing matter with a copy of the within:

NOTICE OF VOLUNTARY DISMISSAL UNDER O.C.G.A. § 9-11-41(a)(1)(a)

by E-file and Service.

Joshua Archer [email protected]

F. McDonald Wakeford [email protected]

Grant Rood [email protected]

Will Wooten [email protected]

Nathan Wade [email protected]

This 3rd day of August, 2023

s:\ Marissa Goldberg


M ARISSA G OLDBERG
Ga. Bar No. 672798

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