Court Opinions

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Recent opinions released by Georgia's Appellate courts
Deloney v. The State, S17A0700
Supreme Court of Georgia, Criminal Case (10/2/2017, 10/23/2017)
APPEALS:
Defendant was not entitled to an out-of-time appeal following his guilty plea to the felony murder of his 6-year-old daughter and numerous other crimes and the trial court was thus not required to hold an evidentiary hearing on his motion.
Provenzano v. Jones, S17A0688
Supreme Court of Georgia, Civil Case (10/2/2017, 10/23/2017)
FAMILY LAW:
The trial court did not abuse its discretion in reducing husband's alimony obligation pursuant to Georgia's "live-in lover" law, O.C.G.A. § 19-6-19 subsection (b), because wife voluntarily cohabited in "a meretricious relationship with a third party."
Spencer v. The State, S16G1751
Supreme Court of Georgia, Criminal Case (10/2/2017, 10/23/2017)
CRIMINAL PRACTICE:
The Court of Appeals erred in holding that the trial court properly admitted a police officer's testimony correlating the results of a Horizontal Gaze Nystagmus test with a numeric blood alcohol content; accordingly, the Supreme Court reversed the Court of Appeals' decision affirming defendant's DUI-less safe conviction. 
Zelda Enterprises, LLLP et al. v. Guarino et al., A16A1437
Georgia Court of Appeals, Civil Case (10/4/2017, 10/20/2017)
LEGAL PROFESSION:
In granting appellees' motion to disqualify appellants' counsel, the trial court failed to first assess whether appellees waived the opportunity to move for disqualification of counsel before granting the motion; accordingly, the Court vacated the order granting the motion and remanded for further proceedings. 
Monumedia II, LLC v. Georgia Department of Transportation, A17A0647
Georgia Court of Appeals, Civil Case (10/4/2017, 10/20/2017)
REAL PROPERTY:
The trial court erred in affirming administrative rulings holding that a business's light-emitting diode signs inside the windows of its building violated City of Atlanta ordinances and the Georgia Outdoor Advertising Control Act. 
Thompson v. The State, A17A0676
Georgia Court of Appeals, Criminal Case (10/4/2017, 10/20/2017)
CRIMINAL PRACTICE:
The trial court did not abuse its discretion in overruling defendant's objection to a statement the prosecutor made in her closing argument or in failing to rebuke the prosecutor because the prosecutor's comment was a reasonable inference raised by the evidence.
Matta-Troncoso et al. v. Tyner, A17A0734
Georgia Court of Appeals, Civil Case (10/4/2017, 10/19/2017)
TORTS:
The trial court misconstrued the applicable law in granting a landlord's motion for summary judgment in plaintiffs' lawsuit arising after the tenants' dogs escaped from a yard due to a broken gate latch and attacked plaintiff because plaintiffs produced evidence of a violation of a county ordinance that required dogs to be at heel or on a leash and plaintiffs, therefore, were not required to produce evidence of the dogs' vicious propensity.
Suggs v. The State, A17A0841
Georgia Court of Appeals, Criminal Case (10/4/2017, 10/19/2017)
CRIMINAL PRACTICE:
The trial court properly denied defendant's motion to suppress all evidence surrounding and including his arrest for DUI-less safe after a sheriff deputy conducted a traffic stop in his appointed territory but performed a DUI investigation and arrested defendant outside of the territorial boundary of his law enforcement agency. 
Wal-Mart Stores East L. P. v. Benson, A17A0880
Georgia Court of Appeals, Civil Case (10/4/2017, 10/19/2017)
TORTS:
The trial court erred in denying summary judgment to store in plaintiff's slip and fall suit because there was no evidence that it had superior knowledge of any hazardous condition.
Rebel Auction Co., Inc. v. The Citizens Bank, A17A0938
Georgia Court of Appeals, Civil Case (10/4/2017, 10/19/2017)
CIVIL PRACTICE:
The trial court erred in granting bank's motion for summary judgment but properly denied defendant's motion for summary judgment in a suit arising out a default on two promissory notes. 
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