Court Opinions

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Recent opinions released by Georgia's Appellate courts
CMGRP, Inc. v. Gallant, et al, A17A1168
Georgia Court of Appeals, Civil Case (10/4/2017, 10/18/2017)
EMPLOYMENT:
The trial court erred in finding that the non-recruitment provision in former employee's employment agreement, which precluded her from recruiting or hiring her former employer's employees, was overboard and unenforceable and erred in ruling that the non-recruitment provision was void because the customer non-solicitation provision in the same agreement was void.
Waffle House, Inc. v. Pavesi, A17A1281
Georgia Court of Appeals, Civil Case (10/4/2017, 10/18/2017)
ADR:
The trial court erred in denying employer's motion to compel arbitration of employee's tort claims arising after a co-worker injured him on the job, as the claims were within the scope of an arbitration agreement the employee signed. 
Wilder v. The State, A17A1727
Georgia Court of Appeals, Criminal Case (10/4/2017, 10/18/2017)
CRIMINAL PRACTICE:
The sentence the trial court imposed on defendant's conviction for child molestation was within the applicable statutory range of sentencing, was legally authorized and was not subject to review.
Robert H. McNair, As Co-Executor of The Estate of W. O. McNair v. Richard "Richie" Harold McNair et al, A17A0961
Georgia Court of Appeals, Civil Case (9/29/2017, 10/18/2017)
ATTORNEYS FEES:
The trial court erred in awarding attorney fees to appellant in a will contest because the superior court made several findings of fact based on conduct that occurred while the case was under the jurisdiction of the probate court, prior to the appeal of the probate court's order to the superior court, and there was nothing in the record to show that motions appellant's counsel filed lacked merit or were frivolous and no evidence to support a finding that appellant conducted himself improperly in the superior court, unnecessarily expanded the proceedings or harassed appellees.
In The Interest of A. C., a child., A17A0788
Georgia Court of Appeals, Civil Case (9/29/2017, 10/17/2017)
CRIMINAL PRACTICE:
The evidence supported the juvenile court's adjudication of delinquency on one count of theft by receiving stolen property after an officer observed the juvenile running from a stolen vehicle. 
Georgia Department Of Public Safety v. Johnson, A17A0958
Georgia Court of Appeals, Civil Case (9/28/2017, 10/17/2017)
CIVIL PRACTICE:
The trial court erred in deferring its ruling a motion to dismiss based on sovereign immunity until trial on the merits, because the factors controlling the trial court's exercise of discretion under O.C.G.A. § 9-11-12 subsection (d) were clearly balanced in favor of prompt pre-trial determination of the motion.
Watson Used Cars, LLC v. Kirkland et al, A17A1771
Georgia Court of Appeals, Civil Case (10/4/2017, 10/17/2017)
TORTS:
The trial court erred in denying defendant's motion for summary judgment in sheriff's deputy's suit to recover for injuries he sustained in an automobile collision while on duty because the Fireman's Rule applied and precluded recovery. 
Mitchell v. The State, A17A2012
Georgia Court of Appeals, Criminal Case (10/4/2017, 10/17/2017)
CRIMINAL PRACTICE:
The trial court properly imposed a felony sentence following defendant's conviction for family violence battery because defendant had a prior conviction for family violence battery and the rule of lenity did not apply. 
Mayor and city council of the city of Richmond Hill et al. v. MAIA, A15A2334
Georgia Court of Appeals, Civil Case (9/27/2017, 10/16/2017)
TORTS:
Defendants were entitled to summary judgment on plaintiff's wrongful death claims arising from her 14-year-old daughter's suicide because plaintiff could not demonstrate proximate cause.
Anderson v. Laureano, A17A0986
Georgia Court of Appeals, Civil Case (9/27/2017, 10/16/2017)
APPEALS:
The Court of Appeals dismissed appellant's appeal due to lack of jurisdiction based on appellant's failure to follow the discretionary appeal procedure. 
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