Court Opinions

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Recent opinions released by Georgia's Appellate courts
Jones v. Medlin, S17A1291
Supreme Court of Georgia, Civil Case (11/2/2017, 12/1/2017)
CRIMINAL PRACTICE:
The Supreme Court reversed the denial of defendants' petitions for writs of habeas corpus following their convictions for malice murder and possession of a firearm in the commission of a felony because, in light of the totality of the circumstances, confidence in the outcome of the trial was undermined by States failure to provide certain potentially exculpatory evidence to the defense counsel.
Hughes v. First Acceptance Insurance Company Of Georgia, Inc., A17A0735
Georgia Court of Appeals, Civil Case (11/2/2017, 12/1/2017)
CIVIL PRACTICE:
The trial court erred in granting insurer's motion for summary judgment and but properly denied insured's motion for summary judgment in his suit alleging that insurer failed to settle an insurance claim, because genuine issues of material fact remained.
Hodges v. The State, S17A0711
Supreme Court of Georgia, Criminal Case (11/2/2017, 12/1/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for felony murder, armed robbery and aggravated assault but the Court vacated his sentence because the trial court erred in failing to merge his conviction for aggravated assault with a deadly weapon into his armed robbery conviction for sentencing purposes.
H&E Innnovation, LLC et al. v. Shinhan Bank America, Inc., A17A2138
Georgia Court of Appeals, Civil Case (11/14/2017, 12/1/2017)
CONTRACTS:
The trial court erred in denying defendants' motion to enforce a settlement agreement because the rules of contract construction and the uncontroverted parol evidence resolved the ambiguity in the agreement in favor of defendants.
Norton et al. v. United Health Services Of Georgia, Inc. et al., A15A2268
Georgia Court of Appeals, Civil Case (11/6/2017, 11/30/2017)
TORTS:
An arbitration agreement governed by the Federal Arbitration Act and entered into by a decedent and/or her power of attorney, which bound the decedent and her estate to arbitration, was also enforceable against the decedent's beneficiaries in a wrongful death action.
Oconee Investment Group, LLC v. Turk, A17A1193
Georgia Court of Appeals, Civil Case (10/31/2017, 11/30/2017)
CONTRACTS:
Defendant was not entitled to summary judgment in real estate agent's suit for breach of contract, fraud, quantum meruit, and unjust enrichment in connection with referral services she provided in a real estate transaction, as O.C.G.A. § 43-40-24 subsection (a) did not bar the real estate agent from bringing her action although she did not possess a valid Georgia real estate brokerage license because her activities fell within an exception to the statutes prohibition.
Smith v. Northside Hospital, Inc. et al., S16G1463
Supreme Court of Georgia, Civil Case (11/2/2017, 11/30/2017)
GOVERNMENT:
The trial court and Court of Appeals applied the wrong legal standard in dismissing attorney's action to compel hospital to provide him with access to certain documents in response to his request under the Georgia Open Records Act.
Roberts et al. v. Quick Rx Drugs, Inc., A17A0736
Georgia Court of Appeals, Civil Case (10/30/2017, 11/30/2017)
CIVIL PRACTICE:
The trial court properly granted partial summary judgment to pharmacy in plaintiffs' suit for professional negligence/malpractice and punitive damages after the pharmacy gave the plaintiff the wrong medication, allegedly resulting in a fall.
The State v. Cohen, S17A1265
Supreme Court of Georgia, Criminal Case (11/2/2017, 11/29/2017)
CRIMINAL PRACTICE:
The trial court partially erred in dismissing charges against a woman and her attorneys arising out of an alleged conspiracy for the woman to secretly video record the defendant in a sexual harassment lawsuit her attorneys filed on her behalf and the subsequent transmission of a demand letter to that defendant.
Thompson v. The State, S17A0935
Supreme Court of Georgia, Criminal Case (11/2/2017, 11/29/2017)
CRIMINAL PRACTICE:
Although the evidence supported defendant's convictions for two counts of malice murder, the Court reversed his convictions because the trial court erred in admitting certain character evidence at trial and the error was not harmless.
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