Court Opinions

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Recent opinions released by Georgia's Appellate courts
Elliot v. Resurgens, P.C., d/b/a Resurgens Orthopedics, et al., A15A2275
Georgia Court of Appeals, Civil Case (8/28/2017, 9/13/2017)
CIVIL PRACTICE:
The Court of Appeals erred to the extent it held that the only appropriate remedy available to a party seeking relief after receiving false or intentionally misleading interrogatory responses, such as where a witness's name was deliberately suppressed, was to postpone a trial or declare a mistrial and the trial court clearly had the discretion to impose Rule 37 (d) sanctions if it found that the offending party provided discovery responses that were false or deliberately misleading.
Allstate Property and Casualty Insurance Company v. Musgrove et al., A17A1655
Georgia Court of Appeals, Civil Case (8/24/2017, 9/13/2017)
INSURANCE LAW:
The trial court erred in granting summary judgment to plaintiffs and denying summary judgment to insurer in plaintiffs' wrongful death suit following a car accident, because the evidence showed that the decedents had a single automobile policy with $500,000 in uninsured motorist coverage, which insurer had already paid, rather than two separate policies each providing $500,000 in UM coverage. 
Robinson v. The State, A17A1415
Georgia Court of Appeals, Criminal Case (8/23/2017, 9/12/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's conviction for aggravated child molestation and the trial court did not abuse its discretion in admitting evidence of defendant's prior bad acts. 
Plummer v. Plummer, A17A0929
Georgia Court of Appeals, Civil Case (8/17/2017, 9/12/2017)
FAMILY LAW:
The superior court did not err in dismissing father's child custody modification petition after finding that it lost subject matter jurisdiction pursuant to O.C.G.A. § 19-9-62 (a) (2) because neither the child nor the parents resided in Georgia. 
Frazier v. Godley Park Homeowners Association, Inc. et al., A17A1842
Georgia Court of Appeals, Civil Case (8/17/2017, 9/12/2017)
TORTS:
The trial court properly granted defendants' motion for summary judgment in action arising out of a 4-year-old boy's drowning death at a community swimming pool during a Fourth of July celebration because even if the child was an invitee, rather than a trespasser, and defendants owed him a duty of ordinary care, the evidence failed to show any type of negligence on the part of defendants that contributed to the child's drowning death.
Grange Indemnity Insurance Company v. BeavEx, Inc., A17A1722
Georgia Court of Appeals, Civil Case (8/16/2017, 9/11/2017)
TORTS:
The trial court properly granted defendant's motion for summary judgment in plaintiffs' action seeking to impose vicarious liability for a motor vehicle collision involving a driver defendant hired as an independent contractor.
Lewis v. The State, S17A1143
Supreme Court of Georgia, Criminal Case (8/14/2017, 9/11/2017)
CRIMINAL PRACTICE:
The evidence corroborating a hitman's testimony implicating defendant in a botched murder-for-hire scheme was sufficient to support defendant's convictions for malice murder and other crimes after the hitman killed the wrong man. 
Jackson v. The State, S17A1266
Supreme Court of Georgia, Criminal Case (8/14/2017, 9/11/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for felony murder and associated crimes and defendant failed to prove his ineffective assistance of counsel claim based on defense counsel's failure to object to State's closing argument, as any objection would have been meritless. 
Walker-Madden v. The State, S17A0937
Supreme Court of Georgia, Criminal Case (8/14/2017, 9/11/2017)
APPEALS:
The Supreme Court dismissed defendant's appeal from the entry of a new sentence on remand following his convictions for murder and aggravated assault, as the issues raised in his appeal had previously been decided.
Terry v. The State, S17A1326
Supreme Court of Georgia, Criminal Case (8/14/2017, 9/8/2017)
APPEALS:
Defendant was not entitled to appointed counsel on appeal because his motion to withdraw his guilty plea was untimely and only a timely motion to withdraw his plea would have triggered his right to appointed counsel.
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