Court Opinions

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Recent opinions released by Georgia's Appellate courts
Premier Elevator Company, Inc./SOI et al. v. Edwards., A17A0414
Georgia Court of Appeals, Civil Case (4/13/2017, 4/25/2017)
APPEALS:
The superior court was without jurisdiction to consider an appeal from the State Board of Workers' Compensation's decision denying employer/insurer's motion to dismiss employee's claim for medical benefits based on the statute of limitation, because the Board's ruling did not constitute a "final order or judgment" under O.C.G.A. § 34-9-105 subsection (b); the Court, therefore, vacated the trial court's order affirming the Board's decision and remanded with direction.
Russell v. Muscogee County School District et al., A17A0371
Georgia Court of Appeals, Civil Case (4/13/2017, 4/25/2017)
CIVIL PRACTICE:
Defendant school district failed to carry its burden of showing that an assistant for the human resources department was not a clerk within the meaning of O.C.G.A. § 9-11-4 subsection (e) (5) in support of its argument of insufficient service, and the trial court thus erred in granting school district's motion to dismiss plaintiff's personal injury suit arising out of an automobile collision with a school bus.
Evans et al. v. Williams et al., A17A0163
Georgia Court of Appeals, Civil Case (4/13/2017, 4/24/2017)
JUDGES:
The order denying appellant's motion to recuse the trial judge failed to comply with Uniform Superior Court Rule 25.6, which requires a judge who rules upon a motion to recuse to include written findings of fact and conclusions of law in his or her order on the motion; the Court, therefore, vacated the order.
Uddin v. Country Place Condominium Association, Inc., A17A0448
Georgia Court of Appeals, Civil Case (4/20/2017, 4/24/2017)
CIVIL PRACTICE:
The Court vacated the trial court's final order granting summary judgment to plaintiff because defendant was never served with plaintiff's motion for summary judgment, since plaintiff mailed the motion to the wrong address, and defendant thus was never provided any notice or an opportunity to be heard on the motion before the trial court ruled on it.
In The Matter Of Christopher John Palazzola, s17y1037
Supreme Court of Georgia, Civil Case (3/20/2017, 4/21/2017)
LEGAL PROFESSION:
The Supreme Court rejected an attorney's petition for voluntary discipline, in which he admitted that he violated Georgia Rules of Professional Conduct 1.16 (d), 5.3 (a)(b), 7.1 (a) (1)(2) and (b) and 8.4 (a) (4).
Thomas v. The State, S16A1520
Supreme Court of Georgia, Criminal Case (1/23/2017, 4/20/2017)
CRIMINAL PRACTICE:
The Supreme Court partially reversed defendants' convictions and sentences for murder and related offenses in connection with a crime spree that took place over three days.
Dougherty v. The State, A17A0461
Georgia Court of Appeals, Criminal Case (3/29/2017, 4/20/2017)
CRIMINAL PRACTICE:
Officers were acting within the lawful discharge of their official duties when they attempted to arrest defendant; defendant was thus not entitled to resist arrest and the evidence supported his convictions for two counts of misdemeanor obstruction of a law enforcement officer. 
Aldredge v. Byrd, A17A0281
Georgia Court of Appeals, Civil Case (3/30/2017, 4/19/2017)
TORTS:
Defendant-landlord was entitled to summary judgment in plaintiffs' lawsuit arising out of the collapse of a deck at a rented house, because plaintiffs failed to adduce any evidence that landlord knew or should have known that the deck was in need of repair and thus failed to produce evidence that would authorize a jury to find that landlord failed to exercise reasonable care in repairing a known dangerous condition.
Riggins v. City Of Atlanta et al., A17A0194
Georgia Court of Appeals, Civil Case (3/23/2017, 4/19/2017)
EMPLOYMENT:
Because the pre-suit notice requirement contained in the municipal ante litem notice statute does not apply to a whistleblower claim brought pursuant to the Georgia Whistleblower Act, plaintiff was not required to provide City with such notice of her whistleblower claim and the trial court erred in dismissing her complaint based on her failure to provide ante litem notice.
Diaz v. Metropolitan Atlanta Rapid Transit Authority, A17A0182
Georgia Court of Appeals, Civil Case (3/24/2017, 4/19/2017)
TORTS:
Defendant was entitled to summary judgment in plaintiff's slip and fall lawsuit, because there was no evidence that the rainwater hazard that caused plaintiff's slip and fall created an unreasonable risk of harm. 
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