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Recent opinions released by Georgia's Appellate courts
Fulton Cnty. Bd. of Tax Assessors v. Toro Props. VI LLC, A14A1048; A14A1063
Georgia Court of Appeals, Civil Case (9/8/2014, 9/18/2014)
ATTORNEYS FEES: Expenses of Litigation
The trial court properly awarded attorneys' fees to the plaintiff pursuant to O.C.G.A. § 48-5-311 subsection (g) (4) (B) (ii) after its successful ad valorem tax appeals challenging the valuation of two parcels of commercial real property.
Peters v. CertusBank Nat'l Ass'n, A14A1274
Georgia Court of Appeals, Civil Case (9/8/2014, 9/18/2014)
CREDITORS AND DEBTORS RIGHTS: Foreclosure, Notice of Sale
The trial court erred in confirming a non-judicial foreclosure sale because the lender failed to mail the notice of sale using one of the methods set forth in O.C.G.A. § 44-14-162.2 (a).
Malloy v. State, A14A1957
Georgia Court of Appeals, Criminal Case (9/9/2014, 9/18/2014)
CRIMINAL PRACTICE: Appeal Bond, Medicaid Fraud
The record supported the denial of the Medicaid fraud defendant's request for an appeal bond, since there was a substantial risk that he would flee.
Stevens v. State, A14A1407
Georgia Court of Appeals, Criminal Case (8/29/2014, 9/17/2014)
CRIMINAL PRACTICE: Effective Assistance of Counsel
The defendant failed to prove his ineffective assistance of trial counsel claims after he was convicted of enticing a child for indecent purposes.
Fraser v. State, A14A0863
Georgia Court of Appeals, Criminal Case (9/3/2014, 9/17/2014)
CRIMINAL PRACTICE: Family Violence Battery, Plain Error Rule
The trial court did not err in admitting testimony concerning prior difficulties with the victim, since the defendant failed to make a contemporaneous objection to the testimony.
Waters v. PCC Airfoils LLC, A14A0436
Georgia Court of Appeals, Civil Case (6/26/2014, 9/17/2014)
WORKERS COMPENSATION: Any Evidence Rule
The trial court erred in reversing the State Board of Workers' Compensation's award of attorneys' fees against the claimant's former employer, as there was some evidence to support the ALJ's determination that the employer had unreasonably defended against the claim for benefits.
Fab'rik Boutique Inc. v. Shops Around Lenox Inc., A14A0937
Georgia Court of Appeals, Civil Case (9/8/2014, 9/16/2014)
CONTRACTS: Restrictive Covenants, Lease
The trial court did not err in finding a restrictive covenant in the parties' lease to be reasonable in duration, territorial coverage and scope of activity.
Atkins v. Estate of Callaway, A14A0780
Georgia Court of Appeals, Civil Case (9/4/2014, 9/16/2014)
CIVIL PRACTICE: Jurisdiction
The trial court's orders were null and void because they were issued during the pendency of an appeal.
Warnell v. Unified Govt. of Athens-Clarke Cnty., A14A1474
Georgia Court of Appeals, Civil Case (8/29/2014, 9/15/2014)
GOVERNMENT: Ante Litem Notice
The plaintiffs' failure to present their claims to the County within 12 months of the accident at issue, as required by O.C.G.A. § 36-11-1, barred their personal injury action against the County.
Gordon v. State, A14A1437
Georgia Court of Appeals, Criminal Case (9/3/2014, 9/15/2014)
CRIMINAL PRACTICE: Armed Robbery, New Trial
Although the evidence supported the defendant's convictions, it was unclear whether the trial court applied the proper standard when ruling on his motion for new trial.
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