Court Opinions

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Recent opinions released by Georgia's Appellate courts
River Forest Inc. v. Multibank 2009-1 RES-ADC Venture LLC, A14A2204
Georgia Court of Appeals, Civil Case (3/20/2015, 5/4/2015)
COMMERCIAL LAW: Suit on Note, UCC, Negotiable Instrument
If an original promissory note has been renewed, rather than extinguished, through a novation, it is sufficient for a person seeking to recover the outstanding debt to bring suit as the "holder" of the original note.
Bell v. Waffle House Inc., A14A2303
Georgia Court of Appeals, Civil Case (3/20/2015, 5/4/2015)
ATTORNEYS FEES: Expenses of Litigation
Since the plaintiff did not dispute the reasonableness of the defendant's attorneys' fees and made only a procedural argument unrelated to the sufficiency of the evidence supporting the defendant's motion for attorneys' fees, the trial court did not err in ruling on the legal argument and entering an award of attorneys' fees without a hearing.
Lucas v. State, A14A1949
Georgia Court of Appeals, Criminal Case (3/23/2015, 5/4/2015)
CRIMINAL PRACTICE: Statement, Right to Remain Silent, Attempt to Commit Armed Robbery, Attempt to Purchase Marijuana
The defendant did not clearly and unequivocally invoke his right to remain silent when he stated during a police interview, "I don't want to hear no more. Take me to jail."
Wiggins v. State, A14A1545
Georgia Court of Appeals, Criminal Case (3/23/2015, 5/4/2015)
CRIMINAL PRACTICE: Search & Seizure, Informant
The search of the defendant's residence, which resulted in numerous drug charges, was invalid because there was insufficient probable cause to support the issuance of the search warrant.
Tift County Sch. Dist. v. Martinez, A14A1988
Georgia Court of Appeals, Civil Case (3/20/2015, 5/1/2015)
TORTS: Immunity, Negligence
The school district waived its sovereign immunity to the extent of the coverage of the motor vehicle insurance it purchased on the school bus, which the plaintiff's son was trying to board when another vehicle fatally struck him.
Massey v. State, A14A2173
Georgia Court of Appeals, Criminal Case (3/20/2015, 5/1/2015)
CRIMINAL PRACTICE: DUI, Discovery
Because the defendant had refused to submit to chemical testing when he was arrested for DUI, the trial court properly denied his pre-trial discovery request pursuant to O.C.G.A. § 40-6-392 subsection (a) (4) seeking information about the blood test the State conducted on blood that was forcibly taken pursuant to a search warrant.
Nelson v. Hamilton State Bank, A14A1921
Georgia Court of Appeals, Civil Case (3/20/2015, 5/1/2015)
CREDITORS AND DEBTORS RIGHTS: Suit on Note
The trial court's judgment as to the amount of the debt owed in a bank's suit on a commercial promissory note lacked a sufficient basis.
Munna v. State, A14A1713
Georgia Court of Appeals, Criminal Case (3/20/2015, 4/30/2015)
CRIMINAL PRACTICE: Driver's License Suspension, Habitual Violator, DUI, Speedy Trial
The fact that the habitual violator had a presumptively "valid" driver's license under a different name than his license that had been revoked did not mean that he was permitted to drive under O.C.G.A. § 40-5-58 subsection (c).
Tillman v. Mejabi, A14A1859
Georgia Court of Appeals, Civil Case (3/20/2015, 4/30/2015)
CIVIL PRACTICE: Enforcement of Settlement
The parties had reached a meeting of the minds on the essential terms of a settlement agreement, and the trial court properly ordered the plaintiff to execute a release of claims to accomplish the parties' agreement to a full and final settlement of the matter.
City of College Park v. Sekisui SPR Americas LLC, A14A1690
Georgia Court of Appeals, Civil Case (3/20/2015, 4/30/2015)
GOVERNMENT: Contracts, Ante Litem Notice, Payment Bond
The subcontractor that worked on a sewer project for the City of College Park did not have a viable claim against the City after the general contractor failed to pay it for work performed on the project.
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