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Recent opinions released by Georgia's Appellate courts
Maree v. ROMAR Joint Venture, A14A0875; A14A0876
Georgia Court of Appeals, Civil Case (9/29/2014, 10/31/2014)
BUSINESS LAW: Joint Venture, Dissolution
The trial court did not abuse its discretion in granting the managing joint venturer's petition for dissolution, as the record clearly supported a finding that the joint venture had been deadlocked due to a lengthy history of contention and stalemate.
Campbell v. State, A14A1464
Georgia Court of Appeals, Criminal Case (10/20/2014, 10/31/2014)
CRIMINAL PRACTICE: Armed Robbery, Hijacking a Motor Vehicle, Firearms Offense, Closing Argument
The trial court did not abuse its discretion in limiting the defendant's cross-examination of one of the victims to prevent mention that she was on probation for the offense of misdemeanor shoplifting.
Owen v. Bank of the Ozarks, A14A1316
Georgia Court of Appeals, Civil Case (10/20/2014, 10/31/2014)
CREDITORS AND DEBTORS RIGHTS: Suit on Note
Oral agreements between debtors and failed banks will not be enforced against banking authorities and their assignees.
DeKalb Cnty. v. Kirkland, A14A0784
Georgia Court of Appeals, Civil Case (10/15/2014, 10/30/2014)
EMPLOYMENT: Compensatory Time, Fair Labor Standards Act
Sovereign immunity barred the plaintiffs' breach of contract claims regarding accrued compensatory time, as the overtime-exempt county employees did not have written employment contracts.
Nelson v. State, A14A0885
Georgia Court of Appeals, Criminal Case (10/16/2014, 10/30/2014)
CRIMINAL PRACTICE: RICO, Restitution, Guilty Plea
The RICO defendant failed to show by a preponderance of the evidence that he lacked the financial resources to pay the ordered amount of $725K in restitution.
Granger v. MST Transp. LLC, A14A0792
Georgia Court of Appeals, Civil Case (10/15/2014, 10/30/2014)
TORTS: Negligence, Negligence Per Se, Proximate Cause
A jury must determine whether the conduct of a third-party driver constituted a sole or concurring proximate cause of the collision between the plaintiffs' vehicle and the defendant's truck.
Goggins v. State, A14A0905
Georgia Court of Appeals, Criminal Case (10/8/2014, 10/29/2014)
CRIMINAL PRACTICE: Child Molestation, Opening Statement, Effective Assistance of Counsel
The child molestation defendant failed to adequately demonstrate that the trial court's error in allowing a portion of the victim's diary to go out with the jury in violation of the continuing witness rule likely affected the outcome of his trial.
York v. State, A14A1085
Georgia Court of Appeals, Criminal Case (10/15/2014, 10/29/2014)
CRIMINAL PRACTICE: Burglary, Mistrial
The defense opened the door to unfavorable testimony on cross-examination; therefore, the trial court properly denied the defendant's motion for a mistrial after the State inquired further on redirect examination.
Phillips v. State, A14A1308
Georgia Court of Appeals, Criminal Case (10/15/2014, 10/29/2014)
CRIMINAL PRACTICE: Guilty Plea, Right to Counsel, Effective Assistance of Counsel
The defendant failed to prove actual or constructive denial of counsel or his ineffective assistance of counsel claims in his appeal of the denial of his motion to withdraw his guilty pleas.
In the Interest of C. K. S., A14A1462
Georgia Court of Appeals, Civil Case (10/6/2014, 10/28/2014)
FAMILY LAW: Parental Rights
There was not clear and convincing evidence supporting the trial court's findings that continued deprivation would harm the child and that termination of the father's parental rights was in the child's best interest.
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