Court Opinions

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Recent opinions released by Georgia's Appellate courts
Jones et al. v. Peach Trader Inc., et al., S17A1314
Supreme Court of Georgia, Civil Case (10/31/2017, 11/29/2017)
CIVIL PRACTICE:
The Georgia Supreme Court vacated the trial courts order dismissing defendants' initial notice of appeal from an order modifying an existing interlocutory injunction and dismissed the appeal because an order modifying or dissolving an interlocutory injunction is not subject to direct appeal under O.C.G.A. § 5-6-34 subsection(a) (4).
Whaley v. The State, A17A0848
Georgia Court of Appeals, Criminal Case (11/2/2017, 11/29/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's conviction for a RICO violation after he and his fianc stole over $800,000 from her employer by writing unauthorized checks from the employer's account.
In The Interest of B. D. O., A Child., A17A1241
Georgia Court of Appeals, Civil Case (10/30/2017, 11/28/2017)
FAMILY LAW:
There was clear and convincing evidence to support the juvenile court's findings and the Court thus affirmed the termination of father's parental rights to his minor child.
Johnson v. The State, A17A0733
Georgia Court of Appeals, Criminal Case (10/24/2017, 11/28/2017)
CONSTITUTIONAL LAW:
The trial court erred in denying defendant's motion to suppress evidence police discovered after they arrested him without probable cause, as defendant was free to leave a first-tier police encounter and his arrest for obstruction was thus unlawful.
Malak v. Unifund CCR, LLC, A17A0748
Georgia Court of Appeals, Civil Case (10/24/2017, 11/28/2017)
CIVIL PRACTICE:
In entering judgment against debtor in a suit on a credit card account, the trial court relied on inadmissible evidence and the wrong legal standard; accordingly, the Court remanded the case for the trial court to issue a new order on the bench trial based on properly admitted evidence.
Kidney et al. v. Eastside Medical Center LLC et al., A17A0806
Georgia Court of Appeals, Civil Case (10/26/2017, 11/28/2017)
HEALTH LAW:
The trial court partially erred in granting summary judgment to medical defendants in plaintiffs' medical malpractice action because whether defendants were entitled to the benefit of the heightened evidentiary burden of the emergency medical care statute, O.C.G.A. § 51-1-29.5, depended on disputed issues of fact.
Lebis v. The State, S17A0948
Supreme Court of Georgia, Criminal Case (10/31/2017, 11/28/2017)
CRIMINAL PRACTICE:
There was insufficient evidence to support defendant's convictions for felony murder and two counts of misdemeanor obstruction of a police officer after her husband fatally shot an officer who was attempting to arrest them, but the evidence was sufficient to support her convictions for two other misdemeanor obstruction counts and several firearms possession counts.
Moore et al. v. Jackson, A16A1900
Georgia Court of Appeals, Civil Case (10/30/2017, 11/27/2017)
CIVIL PRACTICE:
The trial court properly affirmed a jury's verdict in favor of petitioner in his action to quiet title to certain property and properly denied defendants' motion for new trial because there was some evidence upon which the jury could rely in forming their verdict and any error in the trial court's initial decision to exclude certain evidence was harmless since the court eventually allowed admission of that evidence.
Hilley v. The State, A17A0834
Georgia Court of Appeals, Criminal Case (10/25/2017, 11/27/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's conviction for using a computer Internet service to seduce a person he believed to be a child as well as two counts each of attempted aggravated child molestation and attempted child molestation and the trial court did not err when it revoked defendant's probation based on his failure to complete treatment.
Robles et al. v. Yugueros et al., A15A1566
Georgia Court of Appeals, Civil Case (10/26/2017, 11/27/2017)
EVIDENCE:
The Court affirmed the trial court's decision to exclude certain deposition testimony the medical malpractice plaintiff sought to admit as an admission against interest, because plaintiff failed to meet his burden of proving that the evidence was admissible.
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