Gone In 60 Seconds

Long-time readers know we’ve been involved in Open Records litigation in Georgia for over 3 years. In August 2024, we won a huge case in Georgia’s Supreme Court, ensuring our case could continue.

In the spring of 2025, Georgia’s legislature changed the Open Records law, requiring requests to be made solely to Agencies. Based on that, the other side moved to dismiss.

Over the last several weeks I proceeded pro se, and dedicated myself to drafting a response. I bought books, read case law, got a Westlaw subscription, watched youtube videos and tightened up my legal research skills. In Georgia, there is a statute for a popular doctrine called the “law of the case rule”, mandating that you don’t re-litigate settled issues on remand.

In Georgia, I learned that statutory provision is strictly applied, even when the law changes after an Appellate ruling. My response in opposition to the motion to dismiss was good. Not just pro se good, but it was good good. No AI, no outside help, it was all me. I had the law of the case rule with ample caselaw, including a recent reiteration by the state Supreme Court, a showing the changes were substantive, again with case law showing you can’t apply the changes retroactively, I showed genuine issues of fact precluding a motion to dismiss even if you got around all of that. I added vested reliance interests that can’t be ripped away absent specific retroactive intent in the new statute.

The court set a “status conference”, with my responses being accepted by the court just prior to 11pm the night before. I drove from Michigan to Georgia. In response to inquiries, the court informed us it was just a status conference and wouldn’t deal with motions. Cool.

I was ready anyway, pages and pages of materials printed. I brought books, with sticky notes marking key pages. I have an exceptional memory, but still had pages and pages of notes. I was ready to argue anything if it came up.

So the Judge walked in, summarized the Supreme Court’s ruling, mentioned the new changes to the law, and dismissed the case. I interjected and raised two points before being halted. That was it.

The court sent a message by having everyone travel to Georgia for a hearing that lasted 60 seconds or less. Message received.

On appeal, we are going to win. It won’t be particularly close. The supportive case law even includes a huge case the Judge’s father won years ago (which I didn’t cite). It was an embarassing day for jurisprudence.

I’ve found some things that made the case stronger that will raise serious questions on appeal.

The best move of the day came before the hearing started when I ordered a transcript of the hearing. At least it will be inexpensive. I suspect it will go over like a lead balloon in the Appellate courts.

My filings were accepted less than 12 hours before a ruling that will ultimately hurt both parties, needlessly extending litigation, potentially for a year or longer. That explains my absence over the last month, working on those pleadings all hours of the night, with my apologies for the lack of content.

I feel like I let all of you down, and this was all me, my work and pleadings. So I’m bummed out, but beginning the process of being the best pro se appellate guy who has ever existed, and one day we are going to win for good. It just might take a few years.