Court Opinions

FROM TO
Recent opinions released by Georgia's Appellate courts
905 Bernina Avenue Cooperative, Inc. et al. v. Smith/Burns LLC et al.; and vice versa., A17A0062
Georgia Court of Appeals, Civil Case (6/27/2017, 7/25/2017)
REAL PROPERTY:
The trial court partially erred in its rulings in a dispute between neighbors over the actual location of their common boundary line and the existence of easements in a disused railroad spur track and an alley.
Choice v. Florida Men's Medical Clinic, LLC d/b/a Georgia Men's Medical Clinic, A17A0202
Georgia Court of Appeals, Civil Case (6/28/2017, 7/25/2017)
CIVIL PRACTICE:
The trial court erred in its analysis of whether plaintiff was insufficiently diligent in serving the summons and complaint on defendant as the trial court erroneously held plaintiff accountable for a delay in service; accordingly, the Court vacated the dismissal of plaintiff's complaint and remanded for further proceedings.
Lawrence v. The State, A17A0117
Georgia Court of Appeals, Criminal Case (6/23/2017, 7/25/2017)
CRIMINAL PRACTICE:
The Court affirmed defendant's convictions for armed robbery, kidnapping, rape, aggravated sodomy, and possession of a firearm during the commission of a felony because the evidence supported the convictions and the trial court did not err in allowing an accomplice's girlfriend to testify about statements the accomplice made to her pursuant to the co-conspirator hearsay exception, as that statute does not require that the testifying witness be a co-conspirator for the exception to apply, only that the declarant be an accomplice.
Gregory v. The State, A17A0209
Georgia Court of Appeals, Criminal Case (6/28/2017, 7/25/2017)
CRIMINAL PRACTICE:
The trial court did not err in admitting the victim's redacted 9-1-1 call in defendant's trial for aggravated battery, because the statements the victim made during the call were not testimonial in nature and the trial court properly redacted the call so as to eliminate from the recording any extraneous statements the victim made that impermissibly addressed defendant's character.
Georgia Ports Authority v. Lawyer, A17A0230
Georgia Court of Appeals, Civil Case (6/28/2017, 7/25/2017)
CIVIL PRACTICE:
The trial court did not err in denying Georgia Ports Authority's pretrial motion to dismiss plaintiff's federal maritime claim for lack of subject matter jurisdiction and GPA's motion for a directed verdict because, contrary to GPA's contentions, it was not entitled to immunity from suit under the Eleventh Amendment to the United States Constitution and plaintiff put forth evidence that his injury occurred on navigable waters. 
Cherokee Funding LLC et al. v. Ruth et al., A17A0132
Georgia Court of Appeals, Civil Case (6/27/2017, 7/24/2017)
CONTRACTS:
The trial court erred in denying defendants' motion to dismiss plaintiffs' claims alleging defendants violated the Payday Lending Act and properly granted defendants' motion to dismiss plaintiffs' claims alleging defendants violated the Georgia Industrial Loan Act because the underlying agreements were investment contracts, not loans, and the PLA and GILA therefore did not apply. 
McGlynn v. The State, A17A0370
Georgia Court of Appeals, Criminal Case (6/28/2017, 7/24/2017)
CRIMINAL PRACTICE:
The Court affirmed defendant's conviction for one count of misdemeanor possession of marijuana arising after a traffic stop led to the discovery of marijuana in the vehicle in which defendant was riding as a passenger; the trial court, inter alia, properly admitted evidence relating to defendant's purchase and use of marijuana the day before his arrest as intrinsic evidence of the offense of possession and properly denied his motion for a directed verdict based on the equal access doctrine.
Alpha Balanced Fund, LLLP v. Irongate Performance Fund, LLC et al.; and vice versa., A17A0303
Georgia Court of Appeals, Civil Case (6/27/2017, 7/24/2017)
CONTRACTS:
Defendant was entitled to summary judgment on plaintiff's claims for breach of contract, breach of fiduciary duty and conversion arising after plaintiff requested a full withdrawal/redemption of its balance in defendant's hedge fund and waited the requisite time period for its right to its investment balance to purportedly vest when the fund manager then suspended all fund withdrawal requests indefinitely and terminated the fund, consequently depriving plaintiff of its purportedly vested fund balance.
Burns v. The State, A17A0333
Georgia Court of Appeals, Criminal Case (6/27/2017, 7/24/2017)
CRIMINAL PRACTICE:
The trial court erred in denying defendant's motion for new trial following his convictions for aggravated assault and theft by receiving stolen property because trial counsel's failure to request a jury charge on the requirement that accomplice testimony be corroborated constituted ineffective assistance of counsel.
Roberts v. JP Morgan Chase Bank, National Association et al., A17A0138
Georgia Court of Appeals, Civil Case (6/27/2017, 7/24/2017)
CONTRACTS:
The trial court partially erred in dismissing plaintiffs' complaint against lenders alleging claims for breach of contract, emotional distress, fraud, negligent misrepresentation, punitive damages and attorney fees for failure to state a claim upon which relief could be granted. 
  11 - 20 of 26951 results