Court Opinions

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Recent opinions released by Georgia's Appellate courts
Schumacher v. City of Roswell, A16A0582
Georgia Court of Appeals, Civil Case (6/1/2016, 7/27/2016)
APPEALS: Dismissal, Discretionary Appeal, Direct Appeal, Jurisdiction
The plaintiffs' appeal was from the superior court's review of a local government zoning decision, and they were therefore required to appeal by discretionary application under O.C.G.A. § 5-6-35 subsection (a) (1), rather than the direct appeal they filed.
Henry Cnty. Bd. of Educ. v. S. G., A16A0201
Georgia Court of Appeals, Civil Case (5/31/2016, 7/27/2016)
ADMINISTRATIVE LAW: Administrative Review
The local board of education abused its discretion in failing to properly apply self-defense standards when it expelled a student for fighting on school grounds.
Adewumi v. Amelia Grove/Ashland Park Homeowners Ass'n Inc., A16A0138
Georgia Court of Appeals, Civil Case (6/2/2016, 7/27/2016)
CIVIL PRACTICE: Summary Judgment, Admissions
The defendant failed to respond to the plaintiff's requests for admissions and did not request that the admissions be withdrawn or respond to the plaintiff's motion for summary judgment; accordingly, the defendant admitted that she was indebted to the plaintiff in the amount alleged in the complaint, and the plaintiff was entitled to summary judgment.
Houghton v. Sacor Fin. Inc., A16A0009
Georgia Court of Appeals, Civil Case (5/31/2016, 7/27/2016)
CONTRACTS: Breach of Contract, Statute of Limitation
The trial court erred in granting the plaintiff's motion for summary judgment in its breach of contract action, because there was evidence that the plaintiff did not file its suit within six years of the alleged breach.
Loveless v. State of GA, A16A0479
Georgia Court of Appeals, Criminal Case (5/27/2016, 7/26/2016)
CRIMINAL PRACTICE: Forfeiture
The trial court did not err in striking the defendant's answer as legally insufficient and entering a default judgment of forfeiture in the State's civil in rem complaint to condemn two amounts of cash law enforcement officers had allegedly found in close proximity to methamphetamine and marijuana during a search of the defendant, his vehicle and a room in an extended stay hotel.
Franklin v. Eaves, A16A0616
Georgia Court of Appeals, Civil Case (6/3/2016, 7/26/2016)
EMPLOYMENT: Whistleblower
There were genuine issues of material fact remaining as to when the statute of limitations began to run in the plaintiff's suit under the Whistleblower Act; accordingly, the trial court erred in granting the defendant's motion for summary judgment based on expiration of the limitation period.
Brock v. C & M Motors Inc., A16A0481
Georgia Court of Appeals, Civil Case (6/3/2016, 7/26/2016)
CIVIL PRACTICE: Abatement, Renewal
The trial court erred in finding that the plaintiff's renewal action was subject to abatement under O.C.G.A. §§ 9-2-5 and 9-2-44, because the plaintiff was not prosecuting the same claims simultaneously, the first case did not produce any "recovery" for her and her claims in the first action were not still "pending."
Hobbs v. Great Expressions Dental Ctrs. of GA PC, A16A0368
Georgia Court of Appeals, Civil Case (5/27/2016, 7/26/2016)
TORTS: Fraud, Professional Malpractice
The trial court erred in dismissing the plaintiff's fraud claim against a dental center arising out of dental procedures he received there, because the plaintiff alleged that the dental center engaged in intentional misconduct, and it was therefore unnecessary to file an expert affidavit with his complaint.
State v. Dotson, A16A0266
Georgia Court of Appeals, Criminal Case (6/3/2016, 7/26/2016)
CRIMINAL PRACTICE: Manufacturing Marijuana, Firearms Offense, Search & Seizure
There was probable cause to support the search warrants that led to the defendants' indictment for manufacturing marijuana, other drug offenses and two firearms offenses, and the trial court therefore erred in granting the defendants' motion to suppress evidence police seized during the warrant searches.
Pass v. Forestar GA Real Estate Grp. Inc., A16A0243
Georgia Court of Appeals, Civil Case (5/27/2016, 7/25/2016)
REAL PROPERTY: Public Road, Abandonment, Easement
The trial court erred in granting summary judgment to the plaintiff in its suit to enjoin the defendant from blocking the plaintiff's access to a roadway that ran through the defendant's property, since questions of fact remained as to whether the roadway and the plaintiff's right of access had been abandoned.
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