Court Opinions

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Recent opinions released by Georgia's Appellate courts
State v. Walsh, A16A1618
Georgia Court of Appeals, Criminal Case (12/19/2016, 1/24/2017)
CRIMINAL PRACTICE:
The trial court erred in excluding the results of a Horizontal Gaze Nystagmus Test in defendant's trial for DUI and other traffic offenses, because the irregularity in the administration of the test went to the weight of the test results, not the admissibility.
Matson v. Bayview Loan Servicing LLC, A16A1725
Georgia Court of Appeals, Civil Case (12/15/2016, 1/24/2017)
REAL PROPERTY:
The trial court erred in granting summary judgment to defendant in plaintiff's wrongful foreclosure suit but properly denied plaintiff's motion for summary judgment, as issues of fact remained.
United Cerebral Palsy of GA Inc. v. Georgia Dep't of Behavioral Health & Developmental Disabilities, A14A1548; A14A1549
Georgia Court of Appeals, Civil Case (12/16/2016, 1/24/2017)
ADMINISTRATIVE LAW:
Administrative agencies' alleged failure to give plaintiffs proper notice of adverse agency decisions did not excuse plaintiffs from the exhaustion of administrative remedies requirement before filing their lawsuit.
Richardson v. Mapoles, A16A2184
Georgia Court of Appeals, Civil Case (12/8/2016, 1/23/2017)
TORTS:
The trial court properly granted summary judgment to defendant in plaintiff's slip and fall suit, because plaintiff failed to offer sufficient evidence of causation.
Examination Mgmt. Servs. Inc. v. Steed, A16A1937
Georgia Court of Appeals, Civil Case (12/15/2016, 1/23/2017)
TORTS: Defamation, False Imprisonment
Defendant was not liable to plaintiff on his claims for defamation and false imprisonment, and the trial court erred in denying defendant's motion for summary judgment.
Kim v. Han, A16A1660
Georgia Court of Appeals, Civil Case (12/15/2016, 1/23/2017)
ATTORNEYS FEES: Expenses of Litigation, Sanctions
The trial court did not make express findings of fact to support its award of attorney fees pursuant to O.C.G.A. § 9-15-14, and the Court, therefore, vacated the fees award and remanded the case for reconsideration.
In the Interest of A. S., T. S., I. S. & T. P., A17A0096
Georgia Court of Appeals, Civil Case (12/8/2016, 1/20/2017)
FAMILY LAW: Parental Rights
The Court reversed the termination of mother's parental rights to her four children, because there was not clear and convincing evidence that the children's continued dependency was likely to cause serious physical, mental, emotional or moral harm. 
Regent v. State, A14A1770
Georgia Court of Appeals, Criminal Case (12/14/2016, 1/20/2017)
CRIMINAL PRACTICE: Aggravated Assault, Aggravated Battery, Merger
As charged in the indictment, defendant's convictions on one count of aggravated assault and one count of aggravated battery arising out of an incident in which he twice, in quick succession, slashed his girlfriend's throat should have merged.
Cullara v. Building & Earth Sciences Inc., A16A1735
Georgia Court of Appeals, Civil Case (12/8/2016, 1/19/2017)
TORTS: Negligent Entrustment
The trial court erred in granting summary judgment to defendant on plaintiff's negligent entrustment claim arising after defendant's employee drove a company vehicle while drunk and collided with plaintiff's vehicle, because there was evidence creating genuine issues of material fact as to whether defendant had knowledge of the employee's multiple DUI convictions.
In the Interest of A. H., P. H. & J. H., A16A1713
Georgia Court of Appeals, Civil Case (12/13/2016, 1/19/2017)
FAMILY LAW: Parental Rights
The Court reversed the order terminating mother's parental rights to her three children due to insufficient service of process.
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