The appeal to judge Wall’s ruling was filed with the Court of Appeals of Georgia on Friday, May 14, 2010.
Judge Wall dismissed all claims against Dodge County Board of Education members, superintendent Dr. Darrel May and Wendy Dennis on April 27, 2010.
The appeal stated, “A transcript of evidence, all post trial hearings and proceedings will be filed for inclusion in the record on appeal.”
The superior court order by Judge Wall dismissing the complaint, an order by Judge Freddie Mullis issuing a voluntary recusal order and also special instructions for a bench trial and an order by Judge Wall granting a protective order, was recorded with the appeal.
According to the appeal, the Court of Appeals has jurisdiction of the appeal because the issues involved are abuse of trial courts discretion in issuing a protective order, trial court’s violation of the Georgia Uniform Superior Court rules and denial of trial by jury.
The appeal named Dougie Martin, Michelle Wahl, Shirley Ikedionwu, Rocky Stuckey, Neil Spradley, Kim Sheffield and Chuck Parkerson in their official capacities as members of the Dodge County Board of Education. It also named Dr. May in his official capacity as superintendent and Dennis in her official capacity as business manager for Dodge County schools.
The original civil suit was filed on March 17, 2009 and stated that board members did “willfully and knowingly” vote in executive session by the process of a “poll” in violation of the open and public meetings law, that the board did not vote to go into executive session or record a “majority vote” in the official minutes dated January 29, 2009 and that on or about February 4, 2009 board members discussed candidates and selected two finalist (for superintendent of Dodge County schools) by a vote in executive session because the minutes did not reflect selection in open session.
Judge Wall dismissed all claims against board members, Dr. May and Dennis on April 27, 2010.