Court Opinions

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Recent opinions released by Georgia's Appellate courts
Sanchez v. Carter et al., A17A1135
Georgia Court of Appeals, Civil Case (10/17/2017, 11/3/2017)
WORKERS COMPENSATION:
Claimant was not entitled to workers' compensation dependency benefits after her live-in boyfriend, whom she was dependent on due to her own inability to work, was fatally injured at work because the two were not married, either ceremonially or by common law.
Women's Surgical Center, LLC et al. v. Berry et al., S17A1317
Supreme Court of Georgia, Civil Case (10/16/2017, 11/3/2017)
HEALTH LAW:
The trial court properly denied Department of Community Health's motion to dismiss hospital's action seeking declaratory and injunctive relief in an effort to have Georgia's applicable certificate of need law and the regulations authorizing it declared unconstitutional because hospital was not required to exhaust its administrative remedies before filing the action and the trial court also properly granted summary judgment to the Department on hospital's constitutional challenges to O.C.G.A. § 31-6-40 subsection (a) (7) (C).
Parks v. The State, S17A1164
Supreme Court of Georgia, Criminal Case (10/16/2017, 11/2/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for murder and other crimes related to the retaliatory shooting death of the victim. 
Walker v. The State, S17A1406
Supreme Court of Georgia, Criminal Case (10/16/2017, 11/2/2017)
APPEALS:
The trial court did not err in denying defendant's motion for an out-of-time appeal because it was clear from the face of the record that his convictions and sentences were proper and because he had no constitutional right to the assistance of counsel in pursuing his motion for out-of-time appeal, there was no error in the trial court's denial of his motion seeking appointment of counsel. 
Ocmulgee EMC et al. v. McDuffie, S17G0038
Supreme Court of Georgia, Civil Case (10/16/2017, 11/2/2017)
WORKERS COMPENSATION:
An employer need not show the availability of suitable employment to justify suspension of workers' compensation benefits after already establishing that an employee's work-related aggravation to a preexisting condition ceased to be the cause of the employee's disability.
Columbus Board of Tax Assessors et al v. The Medical Center Hospital Authority, S17G0091
Supreme Court of Georgia, Civil Case (10/16/2017, 11/2/2017)
REAL PROPERTY:
A bond validation order did not conclusively establish whether hospital's leasehold interest in a continuing care retirement facility was "public property" for tax purposes, and to the extent that the Court of Appeals and superior court considered the bond validation judgments conclusive on the question of taxability, the Court reversed and remanded.
In The Matter of Brenden E. Miller, S17Y1536
Supreme Court of Georgia, Civil Case (10/16/2017, 11/2/2017)
LEGAL PROFESSION:
The Supreme Court disbarred an attorney for his violations of several of the Rules of Professional Conduct in connection with his abandonment of a client's matter.
In The Matter of James Edward Rambeau, Jr., S17Y1831
Supreme Court of Georgia, Civil Case (10/16/2017, 11/1/2017)
LEGAL PROFESSION:
The Supreme Court disbarred an attorney based on his violations of several of the Georgia Rules of Professional Conduct in connection with three underlying grievances.
In The Matter of David Wesler Fry, S17Y1980
Supreme Court of Georgia, Civil Case (10/16/2017, 11/1/2017)
LEGAL PROFESSION:
The Supreme Court disbarred an attorney following his guilty plea to two felony counts of bribery of county commissioners, noting the importance of protecting the public's confidence in the legal system.
In The Matter of Melissa M. Clyatt, S17Y2000
Supreme Court of Georgia, Civil Case (10/16/2017, 11/1/2017)
LEGAL PROFESSION:
The Supreme Court imposed a Review Panel reprimand on an attorney for her violation of Rule 1.8 (a) of the Georgia Rules of Professional Conduct.
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