Court Opinions

FROM TO
Recent opinions released by Georgia's Appellate courts
Zurich Am. Ins. Co. v. Omni Health Solutions LLC, A15A0170
Georgia Court of Appeals, Civil Case (7/2/2015, 7/31/2015)
INSURANCE LAW: Coverage, Appraisal
The trial court erred in ruling that an award made by the allegedly biased umpire in a dispute concerning the amount of covered loss under a commercial property insurance policy was not binding, as both parties' chosen appraisers—in addition to the umpire—expressly agreed to the award in writing.
Zaldivar v. Prickett, S14G1778
Supreme Court of Georgia, Civil Case (7/6/2015, 7/31/2015)
TORTS: Negligent Entrustment, Proximate Cause
An affirmative defense or immunity does not eliminate "fault" or cut off proximate cause, it only bars liability notwithstanding that the "fault" of the tortfeasor was a proximate cause of the injury in question.
Oglethorpe Power Corp. v. The Estate of James Forrister, A15A0374; A15A0375; A15A0376; A15A0377; A15A0522
Georgia Court of Appeals, Civil Case (7/1/2015, 7/31/2015)
TORTS: Nuisance
A limited liability company may recover nuisance damages for "discomfort and annoyance" when it is a non-resident property owner.
Bharadia v. State, S14G1149
Supreme Court of Georgia, Criminal Case (6/29/2015, 7/31/2015)
CRIMINAL PRACTICE: Extraordinary Motion for New Trial, Burglary, Aggravated Sodomy, Aggravated Sexual Battery
The trial court properly denied the defendant's extraordinary motion for a new trial based on newly discovered evidence, since he failed to show the essential requirement that the delay in obtaining the DNA identification evidence from gloves used during the crimes was not caused by a lack of due diligence.
In the Matter of Tanya Y. Brockington, S15Y1099
Supreme Court of Georgia, Civil Case (7/27/2015, 7/31/2015)
LEGAL PROFESSION: Disbarment, Attorney-Client Relationship
The Supreme Court disbarred an attorney based on her abandonment of three clients' legal matters.
Ponder v. State, A15A0062
Georgia Court of Appeals, Criminal Case (6/25/2015, 7/30/2015)
CRIMINAL PRACTICE: Rape, Aggravated Child Molestation, Incest, Effective Assistance of Counsel, Golden Rule
The evidence supported the defendant's convictions for 10 offenses committed against his daughter, including rape and aggravated child molestation.
Cottingham & Butler Inc. v. Belu, A15A0182
Georgia Court of Appeals, Civil Case (7/1/2015, 7/30/2015)
INSURANCE LAW: Coverage, Duty to Defend
Regardless of whether the plaintiffs read the insurance policy at issue, questions of fact remained as to their reliance on the defendant insurance agents' expertise in identifying and procuring adequate insurance for them.
Horne v. State, A15A0227
Georgia Court of Appeals, Criminal Case (6/23/2015, 7/30/2015)
CRIMINAL PRACTICE: Effective Assistance of Counsel, Aggravated Battery, Aggravated Assault, False Imprisonment, Battery
The State's expert witness's testimony regarding the behavior of victims of "intimate partner violence" was clearly relevant to explain why a victim of such violence might recant in order to protect the abuser from prosecution.
In the Interest of A. H., A15A0239
Georgia Court of Appeals, Criminal Case (6/25/2015, 7/30/2015)
CRIMINAL PRACTICE: Juveniles, Notice of Hearing, Continuance
The juvenile court erred in ruling that it could not take the juvenile's admission to charges of theft by receiving, theft by taking, fleeing a police officer and a firearms offense without his legal guardian being present, since DFACS, as a legal guardian, waived its right to be present and to be heard.
Vernon v. Assurance Forensic Accounting LLC, A15A0306; A15A0307
Georgia Court of Appeals, Civil Case (6/30/2015, 7/30/2015)
EMPLOYMENT: Severance
The trial court erred in finding that the parties' severance agreement was too vague to be enforceable.
  1 - 10 of 25006 results