Court Opinions

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Recent opinions released by Georgia's Appellate courts
Lathan v. Hospital Authority Of Charlton County, A17A1524
Georgia Court of Appeals, Civil Case (8/16/2017, 8/30/2017)
CIVIL PRACTICE:
The trial court did not err in dismissing plaintiff's wrongful death and loss of consortium claims against a hospital authority based on expiration of the statute of limitation because service of process was not properly perfected on the hospital authority in a prior suit that had been voluntarily dismissed and the present action was, therefore, not a valid renewal of the prior suit. 
Oller et al. v. Rockdale Hospital, LLC et al., A17A1208
Georgia Court of Appeals, Civil Case (8/14/2017, 8/30/2017)
CIVIL PRACTICE:
The Court of Appeals reversed the trial court's grant of partial summary judgment to a physicians group in plaintiffs' medical malpractice suit because the trial court erred in determining that the statute of limitation barred the vicarious liability claims against the physicians group for the negligent acts of its physicians.
Williams v. The State, A17A0740
Georgia Court of Appeals, Criminal Case (8/11/2017, 8/30/2017)
CRIMINAL PRACTICE:
The evidence sufficiently supported defendant's convictions for crimes connected to three carjackings and the trial court did not abuse its discretion in allowing State to introduce certain other acts evidence because that evidence was inextricably intertwined with the crimes charged. 
Cotman v. The State, A17A1050
Georgia Court of Appeals, Criminal Case (8/11/2017, 8/30/2017)
CRIMINAL PRACTICE:
The Court affirmed two defendants' convictions for conspiring to violate the Georgia Racketeer Influenced and Corrupt Organizations Act and one of those defendants' convictions on two counts of making false writings and two counts of false swearing in connection with the special investigation into the suspicions of widespread cheating within the Atlanta Public Schools System on standardized tests used to assess the progress of elementary and middle-school students in Georgia.
Mike's Furniture Barn, Inc. et al. v. Smith, A17A1162
Georgia Court of Appeals, Civil Case (8/10/2017, 8/29/2017)
REAL PROPERTY:
The trial court properly set aside a non-judicial foreclosure sale because the defendant that foreclosed on the property was not the holder of the deed and thus had no authority to initiate the foreclosure sale.
Performance Auto Collision Center Incorporated v. Bridgefield Casualty Insurance Company, A17A1041
Georgia Court of Appeals, Civil Case (8/10/2017, 8/29/2017)
INSURANCE LAW:
The trial court erred in granting summary judgment to insurer in its suit to recover the balance it alleged was due following reclassification of insured's workers for purposes of determining the total amount of premium due under a workers' compensation policy, as insured put forth sufficient evidence to create a jury issue concerning the reclassification. 
Turner et al. v. National Collegiate Student Loan Trust, A17A1004
Georgia Court of Appeals, Civil Case (8/10/2017, 8/29/2017)
APPEALS:
Because the record was incomplete as the result of appellants' failure to properly comply with O.C.G.A. § 5-6-37, the Court affirmed the trial court's order granting summary judgment to lender in its suit on a promissory note. 
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.
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