Court Opinions

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Recent opinions released by Georgia's Appellate courts
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. 
CMGRP, Inc. v. Gallant, et al, A17A1168
Georgia Court of Appeals, Civil Case (10/4/2017, 10/18/2017)
EMPLOYMENT:
The trial court erred in finding that the non-recruitment provision in former employee's employment agreement, which precluded her from recruiting or hiring her former employer's employees, was overboard and unenforceable and erred in ruling that the non-recruitment provision was void because the customer non-solicitation provision in the same agreement was void.
Waffle House, Inc. v. Pavesi, A17A1281
Georgia Court of Appeals, Civil Case (10/4/2017, 10/18/2017)
ADR:
The trial court erred in denying employer's motion to compel arbitration of employee's tort claims arising after a co-worker injured him on the job, as the claims were within the scope of an arbitration agreement the employee signed. 
Wilder v. The State, A17A1727
Georgia Court of Appeals, Criminal Case (10/4/2017, 10/18/2017)
CRIMINAL PRACTICE:
The sentence the trial court imposed on defendant's conviction for child molestation was within the applicable statutory range of sentencing, was legally authorized and was not subject to review.
Robert H. McNair, As Co-Executor of The Estate of W. O. McNair v. Richard "Richie" Harold McNair et al, A17A0961
Georgia Court of Appeals, Civil Case (9/29/2017, 10/18/2017)
ATTORNEYS FEES:
The trial court erred in awarding attorney fees to appellant in a will contest because the superior court made several findings of fact based on conduct that occurred while the case was under the jurisdiction of the probate court, prior to the appeal of the probate court's order to the superior court, and there was nothing in the record to show that motions appellant's counsel filed lacked merit or were frivolous and no evidence to support a finding that appellant conducted himself improperly in the superior court, unnecessarily expanded the proceedings or harassed appellees.
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