Court Opinions

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Recent opinions released by Georgia's Appellate courts
Fred Jones Enters. LLC v. Williams, A14A1877
Georgia Court of Appeals, Civil Case (3/24/2015, 5/6/2015)
CIVIL PRACTICE: Jurisdiction, Extraordinary Motion for New Trial, Set Aside Judgment, Final Judgment
Although the trial court properly concluded that it was without jurisdiction to rule upon the appellant's extraordinary motion for new trial during the pendency of its appeal from the denial of its motion to set aside a default judgment, the trial court was re-vested with jurisdiction to consider the appellant's motion as to damages once the Court of Appeals affirmed the denial of the motion to set aside the default judgment.
Chavez-Ortega v. State, A14A2188
Georgia Court of Appeals, Criminal Case (3/24/2015, 5/6/2015)
CRIMINAL PRACTICE: Statement, Right to Remain Silent, Miranda Rights
The defendant was "in custody" when he invoked his right to remain silent, but the police nonetheless continued to question him, which led to the incriminating statements that the trial court improperly declined to suppress at the defendant's trial.
In the Interest of H. J. C. Jr., A14A2237
Georgia Court of Appeals, Criminal Case (3/24/2015, 5/6/2015)
CRIMINAL PRACTICE: Juveniles
The juvenile court erred in dismissing the State's petition alleging that the minor had committed the delinquent act of violating his probation for previous delinquencies.
Dorsey v. State, A14A1893
Georgia Court of Appeals, Criminal Case (3/24/2015, 5/6/2015)
CRIMINAL PRACTICE: Voluntary Manslaughter, Conspiracy, Sentencing, Severance, Effective Assistance of Counsel
Even assuming that the trial court erred in sentencing the defendant separately on two conspiracy counts when the evidence only showed a single conspiracy, the error was harmless since the total sentence for the two convictions was within the legal limits for a single conspiracy conviction.
LabMD Inc. v. Savera, A14A1540
Georgia Court of Appeals, Civil Case (3/24/2015, 5/5/2015)
ATTORNEYS FEES: Sanctions, Expenses of Litigation
The trial court failed to consider certain factors that could have influenced the amount of its attorneys' fees award pursuant to O.C.G.A. § 9-15-14.
The Med. Ctr. Hosp. Auth. v. Cavender, A14A1788; A14A1789; A14A1790; A14A1791; A14A1792; A14A1793; A14A1794
Georgia Court of Appeals, Civil Case (3/24/2015, 5/5/2015)
TORTS: Negligence, Wrongful Death
The trial court erred in denying the defendants' motion for summary judgment in the plaintiffs' personal injury and wrongful death lawsuits arising from a deadly shooting rampage at a hospital, since the criminal acts were not reasonably foreseeable.
Minnifield v. Wells Fargo Bank NA, A14A1592
Georgia Court of Appeals, Civil Case (3/25/2015, 5/5/2015)
CREDITORS AND DEBTORS RIGHTS: Foreclosure, Security Interest
Collateral estoppel barred the plaintiff's wrongful foreclosure action against a bank and the law firm that initiated the foreclosure proceedings on the bank's behalf.
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."
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