Court Opinions

FROM TO
Recent opinions released by Georgia's Appellate courts
Kamara v. Henson et al., A16A1994
Georgia Court of Appeals, Civil Case (1/27/2017, 2/17/2017)
TORTS:
The trial court erred in granting defendants' motion for summary judgment on the sole basis that judicial estoppel barred plaintiff's medical malpractice and negligence claims because she failed to list them as an asset in her bankruptcy petition, as plaintiff successfully amended her bankruptcy petition to list her claims against defendants and judicial estoppel, thus, did not bar recovery on her claims.
Jones v. The State, A16A2058
Georgia Court of Appeals, Criminal Case (2/1/2017, 2/17/2017)
CRIMINAL PRACTICE:
The trial court did not abuse its discretion in denying defendants' motions for mistrial after a witness for State allegedly used notes the prosecutor prepared to refresh his recollection, because the witness did not actually use the objected-to document to refresh his recollection.
McKibben v. The State, A16A1865
Georgia Court of Appeals, Criminal Case (1/23/2017, 2/17/2017)
CRIMINAL PRACTICE:
The trial court properly considered the totality of the circumstances in ruling that DUI-defendant consented to a blood test after the arresting officer read him the implied-consent notice and thus properly denied defendant's motion to suppress the results of the blood test. 
Glock, Inc. et al. v. Harper, A16A2074
Georgia Court of Appeals, Civil Case (1/18/2017, 2/16/2017)
CIVIL PRACTICE:
The trial court erred in denying defendants' motion to dismiss plaintiff's civil RICO claims, because the statute of limitation barred the claims.
Oskouei et al. v. Orthopaedic & Spine Surgery Of Atlanta, LLC, A16A2098
Georgia Court of Appeals, Civil Case (1/18/2017, 2/16/2017)
CIVIL PRACTICE:
The trial court erred in dismissing appellant's claim pursuant to O.C.G.A § 9-2-5 subsection (a) based on the existence of a prior pending action, because the parties in the two lawsuits were separate and distinct. 
Oklahoma Gaming Ventures, Inc. v. PCT Holdings, LLC., A16A1573
Georgia Court of Appeals, Civil Case (2/1/2017, 2/16/2017)
CONTRACTS:
The trial judge was authorized to find that the requirements of a mutual disregard of parties' contract were not present, and the Court therefore affirmed the trial court's final judgment against defendant.
Jones v. The State, A16A2008
Georgia Court of Appeals, Criminal Case (1/24/2017, 2/15/2017)
APPEALS:
The Court lacked jurisdiction to consider appellant's direct appeal from the denial of his motion to correct a void sentence after revocation of his probation, as appeals from orders revoking probation are subject to discretionary review.
Clayton County, Georgia v. Georgia Power Company, A16A1537
Georgia Court of Appeals, Civil Case (1/17/2017, 2/15/2017)
REAL PROPERTY:
Power company was entitled to compensation for County's taking of its private property easements for a road widening project, including the costs of relocating its electrical lines and supporting structures. 
Moore v. City Of Statesboro, et al., A16A1791
Georgia Court of Appeals, Civil Case (1/6/2017, 2/15/2017)
APPEALS:
The trial court's order denying appellant's request to proceed in forma pauperis and denying the filing of his complaint and the state of the record did not permit meaningful appellate review; accordingly, the Court vacated the order and remanded the case for the trial court to supplement the record. 
Fields et al. v. Taylor et al., A16A1753
Georgia Court of Appeals, Civil Case (1/18/2017, 2/15/2017)
TORTS:
The trial court erred in granting summary judgment to defendants in plaintiffs' suit arising from alleged medical errors that led to a death, because plaintiffs demonstrated that a genuine issue of material fact existed as to causation.
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