Daily Report Daily Report | Court Opinions

Court Opinions

FROM TO
Recent opinions released by Georgia's Appellate courts
MAPEI Corp. v. Prosser, A14A0368
Georgia Court of Appeals, Civil Case (7/9/2014, 7/31/2014)
EMPLOYMENT: Covenant Not to Compete
The trial court did not err in granting summary judgment to the defendant in an action filed by his former employer for violation of a contractual non-compete covenant, as the defendant's subsequent execution of an agreement omitting the non-compete covenant created a contract entirely superseding the one containing that covenant.
Vinings Bank v. Brasfield & Gorrie LLC, A14A0206
Georgia Court of Appeals, Civil Case (7/9/2014, 7/31/2014)
CREDITORS AND DEBTORS RIGHTS: Security Interest
Because the plaintiff bank was an assignee of the subcontractor borrower, it had no greater right to payment under such subcontracts than the borrower.
Central Mortg. Co. v. Humphrey, A14A0346
Georgia Court of Appeals, Civil Case (7/9/2014, 7/31/2014)
CONTRACTS: Reformation, Rescission
The trial court did not err in denying the plaintiff's petition to reform the property description in a deed, as the evidence supported a finding that the defendants failed to reach a meeting of the minds with regard to the actual land and improvements to be conveyed.
Gregg v. First Citizens Bank & Trust Co. Inc., A14A0384
Georgia Court of Appeals, Civil Case (7/9/2014, 7/31/2014)
CREDITORS AND DEBTORS RIGHTS: Suit on Note
Although the plaintiff bank was entitled to summary judgment as to liability in its action seeking to recover on a promissory note, it failed to prove the amount due under such note.
GMAC Mortg. LLC v. Pharis, A14A0108
Georgia Court of Appeals, Civil Case (7/9/2014, 7/30/2014)
CREDITORS AND DEBTORS RIGHTS: Priority of Liens, Foreclosure
An agreement for subrogation made with either the debtor or the creditor is sufficient to overcome constructive notice of an intervening lien.
McLaughlin v. Payne, S14A0220
Supreme Court of Georgia, Criminal Case (7/11/2014, 7/30/2014)
CRIMINAL PRACTICE: Effective Assistance of Counsel, Habeas Corpus
Because the district attorney was wholly disqualified from the case, the assistant district attorneys on his staff—whose only power to prosecute a case is derived from the constitutional authority of the district attorney who appointed them—had no power to proceed with the defendant's prosecution.
In the Interest of F. A. G. R., A14A0429
Georgia Court of Appeals, Civil Case (7/9/2014, 7/30/2014)
FAMILY LAW: Deprivation
The juvenile court properly declined to endorse a deprivation petition.
Stewart v. State, A14A0337
Georgia Court of Appeals, Criminal Case (7/9/2014, 7/30/2014)
CRIMINAL PRACTICE: Cocaine Possession, Equal Access
Affirmative evidence showing that others had equal access to the room where officers found drugs rebutted, as a matter of law, any presumption of possession arising from the fact that the defendant rented the room in her name.
Young v. State, A14A0096
Georgia Court of Appeals, Criminal Case (7/7/2014, 7/29/2014)
CRIMINAL PRACTICE: Aggravated Child Molestation, Child Molestation, Jury Charges, Effective Assistance of Counsel, Sentencing, Entrapment, Merger
The crimes of attempting to commit aggravated child molestation and attempting to commit child molestation do not require direct communication with a minor.
Taylor v. State, A14A0497
Georgia Court of Appeals, Criminal Case (7/7/2014, 7/29/2014)
CRIMINAL PRACTICE: Obstructing an Officer, Aggravated Assault, Aggravated Assault on a Police Officer, Terroristic Threats, Burglary, Stalking, Speedy Trial, Recidivist, Merger, Jury Charges
The defendant's conviction for obstruction of an officer was prohibited since each count of the crime of obstruction was established by proof of the same or less than all the facts required to establish each count of the crime of aggravated assault, for which the defendant was also charged.
  1 - 10 of 23965 results