Court Opinions

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Recent opinions released by Georgia's Appellate courts
Sadler v. Rigsby, A17A1300
Georgia Court of Appeals, Civil Case (10/20/2017, 11/14/2017)
FAMILY LAW:
Because the trial court failed to issue findings of facts related to its ruling on custody and child support as the Court of Appeals had directed it to do on remand, the Court vacated that portion of the trial courts judgment on the issue of child support and remanded the case for further proceedings consistent with its opinion.
Demere Marsh Associates, LLC et al. v. Boatright Roofing and General Contracting, Inc. et al., A17A1237
Georgia Court of Appeals, Civil Case (10/19/2017, 11/14/2017)
CONTRACTS:
The Court partially reversed the trial court's judgment in a suit alleging negligent construction, misrepresentation and breach of contract involving condominiums in St. Simons Island, Georgia.
Interfinancial Midtown, Inc. et al. v. Choate Construction Company, A17A1160
Georgia Court of Appeals, Civil Case (10/20/2017, 11/14/2017)
BANKRUPTCY:
In a case of first impression, the Court held that Georgia law allowing the recovery of general and punitive damages for fraudulent conveyances survived the enactment of Georgias Uniform Fraudulent Transfers Act.
Simmons v. Wilson, A17A1097
Georgia Court of Appeals, Civil Case (10/20/2017, 11/14/2017)
FAMILY LAW:
The trial court did not abuse its discretion in modifying child custody to grant mother sole custody and deny father visitation, as there was some evidence supporting the trial courts findings regarding father's fitness as a parent.
The State v. Crews, A17A0672
Georgia Court of Appeals, Criminal Case (10/24/2017, 11/14/2017)
CRIMINAL PRACTICE:
The trial court erred in granting defendant's motion for new trial based on its finding that trial counsel was ineffective and that defendant's right to a fair trial was violated due to his legs being shackled during the trial.
Alford et al. v. Hernandez et al., A17A1124
Georgia Court of Appeals, Civil Case (10/24/2017, 11/13/2017)
SCHOOLS AND EDUCATION:
The trial court erred in granting summary judgment to Deferred Action for Childhood Arrivals recipients in their mandamus action seeking to compel state universities to deem them eligible for in-state tuition benefits while they were enrolled in Georgias public universities and colleges.
Sure, Inc. v. Premier Petroleum, Inc., A17A1103
Georgia Court of Appeals, Civil Case (10/19/2017, 11/13/2017)
BUSINESS LAW:
The trial court partially erred in granting summary judgment to defendant in plaintiff's suit arising out of a petroleum supply contract and loan documents executed by the parties.
Bath v. International Paper Company et al, A17A0906
Georgia Court of Appeals, Civil Case (10/24/2017, 11/13/2017)
CIVIL PRACTICE:
The trial court erred in concluding that alleged spoliated evidence was unrelated to the grounds upon which summary judgment was granted and thus erred in granting defendants' motion for summary judgment in plaintiff's premises liability and negligence action arising after he was severely injured when he was electrocuted while working at a paper plant.
Anglin v. The State, S17A1153
Supreme Court of Georgia, Criminal Case (10/16/2017, 11/13/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for felony murder and marijuana possession and the trial court did not abuse its discretion in allowing State to introduce evidence of defendant's alleged membership in a gang, as there was some evidence presented at trial to show that the charged crimes were motivated by gang membership.
Fazio v. The State, S17A1020
Supreme Court of Georgia, Criminal Case (10/16/2017, 11/10/2017)
CONSTITUTIONAL LAW:
The Supreme Court affirmed defendant's DUI convictions, holding that the implied consent notice statute does not violate the constitutional prohibition of unreasonable searches and seizures and is not unconstitutionally misleading or coercive on its face in violation of due process.
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