Court Opinions

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Recent opinions released by Georgia's Appellate courts
Georgia Commercial Stores, Inc. v. Forsman, A17A0727
Georgia Court of Appeals, Civil Case (8/10/2017, 8/29/2017)
CREDITORS AND DEBTORS RIGHTS:
The trial court erred in granting summary judgment to defendant on a judgment creditor's breach of fiduciary duty claim but properly denied creditor's motion for summary judgment on that claim, as genuine issues of material fact existed as to whether defendant breached his fiduciary duty to conserve and manage the assets of an LLC in trust for its creditors by causing the LLC to pay him $239,011 when the company was insolvent and faced foreclosure on all of its assets.
Szopinski v. The State, A17A1198
Georgia Court of Appeals, Criminal Case (8/9/2017, 8/28/2017)
CRIMINAL PRACTICE:
The trial court did not err in admitting evidence of DUI-defendant's refusal to take the state-administered breath test measuring her blood alcohol level because one of the consequences of exercising the right to refuse the test under Georgia law was that evidence of such refusal was admissible at trial.
Duncan v. The State, A17A1224
Georgia Court of Appeals, Criminal Case (8/9/2017, 8/28/2017)
CRIMINAL PRACTICE:
The Court reversed defendant's convictions for aggravated sexual battery against his daughters and his sentences of child molestation, as those sentences were illegal and void because the trial court failed to impose a split sentence as to each conviction, but affirmed his convictions for aggravated child molestation, nine counts of child molestation and two counts of cruelty to children in the first degree.
Camacho v. The State, A17A1253
Georgia Court of Appeals, Criminal Case (8/9/2017, 8/28/2017)
CRIMINAL PRACTICE:
The trial court did not err in charging the jury on the law of deliberate ignorance because the charge, as given, was a correct statement of the law and there was some evidence to support the charge in defendant's trial for trafficking in methamphetamine after he took possession of and drove a car containing over 44 kilograms of methamphetamine.
Puckett v. The State, A17A0968
Georgia Court of Appeals, Criminal Case (8/9/2017, 8/25/2017)
CRIMINAL PRACTICE:
The evidence was sufficient to support defendant's convictions as a party to the crimes of kidnapping, felony theft by taking a motor vehicle and two counts each of armed robbery and false imprisonment.
Barker v. The State, A17A1280
Georgia Court of Appeals, Criminal Case (8/8/2017, 8/25/2017)
CRIMINAL PRACTICE:
The trial court did not abuse its discretion in denying defendant's motion for an out-of-time appeal following his guilty plea to child molestation. 
Wooten, et al. v. Williams, et al., A17A1338
Georgia Court of Appeals, Civil Case (8/8/2017, 8/25/2017)
REAL PROPERTY:
The Court partially reversed the trial court's judgment in plaintiff's suit seeking to establish a private way over and across defendants' property and seeking the removal of any obstructions that had been placed on the alleged private way.
In the Interest of H. G. D. et al., A17A1034
Georgia Court of Appeals, Civil Case (8/8/2017, 8/24/2017)
FAMILY LAW:
The evidence in the record supported the juvenile court's finding that it was no longer in the best interests of the children to remain in the custody of their grandparents, and the juvenile court was authorized to change its order regarding temporary custody, hold a permanency hearing and award the Division of Family and Children Services custody of the children.
Kool Smiles/NcdR, LLC et al. v. Gonzalez, A17A0687
Georgia Court of Appeals, Civil Case (8/8/2017, 8/24/2017)
WORKERS COMPENSATION:
The Court of Appeals vacated the superior court's judgment partially reversing the State Board of Workers' Compensation award, as that judgment was a nullity because the award of the full Board was affirmed by operation of law when the judgment was not entered within 20 days of the hearing as required under O.C.G.A. § 34-9-105 (b).
Woodward v. The State, A17A0677
Georgia Court of Appeals, Criminal Case (8/8/2017, 8/23/2017)
CRIMINAL PRACTICE:
The evidence was sufficient to support defendant's convictions for arson and one count of aggravated assault-family violence after he set his family's house on fire with a grill lighter and with an aerosol spray can and then stabbed his stepfather multiple times. 
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