Court Opinions

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Recent opinions released by Georgia's Appellate courts
Evans v. Department of Transp., A14A1795
Georgia Court of Appeals, Civil Case (3/19/2015, 4/17/2015)
REAL PROPERTY: Condemnation, Appraisal
Evidence relating to the zoning ordinance prohibiting mining on the condemned property absent a special exception was relevant and material to the valuation of the property, which contained a subterranean mineral deposit.
Grant v. The Phoenix on Peachtree Condominium Ass'n Inc., A14A1703; A14A1704
Georgia Court of Appeals, Civil Case (3/19/2015, 4/17/2015)
CIVIL RIGHTS: Fair Housing Act, Racial Discrimination
There was no evidence to support the defendant's counterclaims for unequal treatment based on race in a condominium association's lawsuit alleging that the defendant violated condominium rules by installing reflective tinting to the windows in his unit.
Estrada-Nava v. State, A14A1822; A14A1958; A14A2004
Georgia Court of Appeals, Criminal Case (3/19/2015, 4/17/2015)
CRIMINAL PRACTICE: Cocaine Trafficking, Venue
The evidence supported the defendants' convictions for cocaine trafficking arising after a long-term investigation, during which investigators wiretapped a defendant's cellphone and conducted surveillance.
Carnett's Props. LLC v. JoWayne LLC, A14A1604
Georgia Court of Appeals, Civil Case (3/19/2015, 4/16/2015)
CONTRACTS: Ambiguity, Breach of Contract
The trial court erred in concluding that the language of a maintenance agreement between two entities related to storm water runoff and water detention was clear and unambiguous.
State v. Reid, A15A0537
Georgia Court of Appeals, Criminal Case (3/18/2015, 4/16/2015)
CRIMINAL PRACTICE: New Trial
The trial court erred in granting the defendants new trials, since it failed to properly fulfill its affirmative statutory duty to independently weigh the trial evidence.
Floyd v. Gibson, A14A1655
Georgia Court of Appeals, Civil Case (3/19/2015, 4/16/2015)
FAMILY LAW: Child Custody
It was not apparent from the trial court's order whether it made the requisite findings in awarding custody of three minor children to their grandmother.
9766 LLC v. Dwarf House Inc., A14A1595
Georgia Court of Appeals, Civil Case (3/19/2015, 4/16/2015)
REAL PROPERTY: Easement
The plaintiff's failure to include its verified application within a document entitled "complaint" did not subject it to dismissal.
Pepe-Frazier v. State, A14A2215
Georgia Court of Appeals, Criminal Case (3/18/2015, 4/15/2015)
CRIMINAL PRACTICE: Trafficking of Persons for Sexual Servitude, Pimping, Aggravated Child Molestation, Enticing a Child for Indecent Purposes, Contributing to the Delinquency of a Minor, Effective Assistance of Counsel
The defendant failed to prove his several ineffective assistance of trial counsel claims.
Amah v. Whitefield Academy Inc., A14A2101
Georgia Court of Appeals, Civil Case (3/18/2015, 4/15/2015)
REAL PROPERTY: Easement, Trespass
The trial court erred in ruling as a matter of law that the plaintiff's easement granted it an unrestricted right of access for all purposes, since the language of the easement created an uncertainty.
Amey v. State, A14A1803
Georgia Court of Appeals, Criminal Case (3/18/2015, 4/15/2015)
EVIDENCE: Prior Crimes
The trial court abused its discretion in admitting evidence of the defendant's prior crime.
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