Court Opinions

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Recent opinions released by Georgia's Appellate courts
Gottschalk v. Woods, A14A0975
Georgia Court of Appeals, Civil Case (11/18/2014, 12/22/2014)
CIVIL PRACTICE: Renewal, Statute of Limitation, Jurisdiction, Dismissal
The start of the 6-month period for the plaintiff to file a renewal action pursuant to O.C.G.A. § 9-2-61 subsection (a) was the date that the Eleventh Circuit Court of Appeals affirmed the decision of the District Court, which dismissed the plaintiff's federal claims and declined to exercise supplemental jurisdiction over his pendant state law claims, not the later date that the Eleventh Circuit's mandate was issued.
Sentinel Offender Servs. LLC v. Glover, S14A1033/S14X1036; S14A1035/S14X1034; S14A1037/S14X1038; S14A1039/S14X1040; S14A1041/S14X1042; S14A1251/S14X1252; S14A1253; S14A1254/S14X1255; S14A1256; S14A1257/S14X1258; S14A1259; S14A1260/S14X1261; S14A1262; S14A1263/S14X1264; S14A1265; S14A1266/S14X1267; S14A1268; S14A1269/S14X1270; S14A1271/S14X1272
Supreme Court of Georgia, Civil Case (11/24/2014, 12/22/2014)
CONSTITUTIONAL LAW: Due Process, Private Probation Services, Imprisonment for Debt
Georgia's private probation statute, O.C.G.A. § 42-8-100 subsection (g) (1), is not unconstitutional on its face, as the mere act of privatizing these services does not violate due process.
Vineville Capital Grp. LLC v. McCook, A14A1325
Georgia Court of Appeals, Civil Case (11/19/2014, 12/22/2014)
CREDITORS AND DEBTORS RIGHTS: Security Interest, Foreclosure
After seven years, title to real property conveyed by a security deed reverted to the grantor of title, since the plaintiff had not cancelled or foreclosed upon the security deed; because the plaintiff's claims relied on the continuing validity of his security interest, which he no longer had, his attempt to enjoin another creditor from foreclosing on the property failed as a matter of law.
Wilann Props. I LLC v. Georgia Power Co., A14A0960
Georgia Court of Appeals, Civil Case (11/19/2014, 12/22/2014)
CIVIL PRACTICE: Adding Parties, Res Judicata, Final Judgment
The defendant was not entitled to add a counterclaim defendant, as the action below had already terminated.
Tolbert v. Toole, S14A1158
Supreme Court of Georgia, Criminal Case (12/11/2014, 12/19/2014)
CRIMINAL PRACTICE: Habeas Corpus, Jurisdiction
The defendant was not entitled to habeas relief based on an unresolved pretrial pro se notice of appeal, as the record did not show that he was not represented by counsel on the date he filed it.
Kelly v. Harris, A14A1004
Georgia Court of Appeals, Civil Case (11/18/2014, 12/19/2014)
INSURANCE LAW: Uninsured Motorist Benefits
The trial court erred in ruling that the plaintiff's UM insurer was not in default for filing an untimely answer to the plaintiff's suit arising after the plaintiff and an uninsured motorist were involved in an automobile accident.
Sovereign Healthcare LLC v. Mariner Health Care Mgmt. Co., A14A0926
Georgia Court of Appeals, Civil Case (11/19/2014, 12/19/2014)
DAMAGES: Liquidated Damages, Prejudgment Interest
The trial court erred in ruling that all signatories to the administrative services agreement must pay liquidated damages to the company that provided the administrative services after they prematurely terminated the contract, since the liquidated damages clause bound only one of the signatories.
Garden City, Ga. v. Herrera, A14A1397
Georgia Court of Appeals, Civil Case (11/18/2014, 12/19/2014)
TORTS: Borrowed Servant, Negligence
The defendant city was entitled to summary judgment on the plaintiff's negligence claims pursuant to the borrowed servant doctrine, as the city police officer involved in the motor vehicle collision that injured the plaintiff was under the "exclusive directive supervision and authority" of a county-city task force commander at the time of the accident and the county had the unilateral right to discharge the officer from the specific task he was performing.
Freeman v. LTC Healthcare of Statesboro Inc., A14A1404
Georgia Court of Appeals, Civil Case (11/18/2014, 12/18/2014)
TORTS: Medical Malpractice, Proximate Cause
The trial court did not err in declining to consider a nurse's expert opinion testimony as to the causation of the decedent's death shortly after arriving at the defendant's nursing center, since the proximate cause question raised issues outside of the nurse's area of expertise.
Brittain v. State, A14A1145
Georgia Court of Appeals, Criminal Case (11/17/2014, 12/18/2014)
CRIMINAL PRACTICE: Kidnapping, Aggravated Assault, Burglary, Effective Assistance of Counsel
The trial court had ample evidence to support its finding by a preponderance of the evidence that the defendant had procured the victim's absence for purposes of preventing her testimony, thus the trial court properly admitted the victim's testimonial and non-testimonial statements pursuant to the doctrine of forfeiture-by-wrongdoing.
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