Court Opinions

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Recent opinions released by Georgia's Appellate courts
Monk v. Parker, A14A1603
Georgia Court of Appeals, Civil Case (3/30/2015, 5/26/2015)
CREDITORS AND DEBTORS RIGHTS: Attorney's Lien
The Workers Compensation Appellate Division properly granted a motion to dismiss an attorney fee lien after finding that the attorney failed to perfect the lien.
State of GA v. Sun States Ins. Group Inc., A14A2119; A14A2120
Georgia Court of Appeals, Civil Case (3/27/2015, 5/26/2015)
CONSTITUTIONAL LAW: Sovereign Immunity
The trial court erred in finding that the State of Georgia had waived sovereign immunity through the Insurers Rehabilitation and Liquidation Act.
Hardison v. Enterprise Rent-A-Car, A14A1527
Georgia Court of Appeals, Civil Case (3/30/2015, 5/26/2015)
TORTS: Wrongful Retention
Issues of fact remained on plaintiff's wrongful retention claims, as he presented some evidence that his former employer knew of another employee's attempts to engage in physical confrontations at work before that employee attacked him.
Seago v. The Estate of Berry Earle III, A14A1499
Georgia Court of Appeals, Civil Case (3/30/2015, 5/26/2015)
TORTS: Premises Liability, Contributory Negligence
Plaintiff had equal knowledge of the hazard that caused his injury but failed to exercise reasonable care for his own safety.
Stewart v. Suntrust Mortgage Inc., A14A2047
Georgia Court of Appeals, Civil Case (3/27/2015, 5/22/2015)
REAL PROPERTY: Wrongful Foreclosure
The trial court erred in dismissing some of plaintiff's claims against bank after it foreclosed on his residential property.
Archer Forestry LLC v. Dolatowski, A14A2210
Georgia Court of Appeals, Civil Case (3/27/2015, 5/22/2015)
TORTS: Negligence, Respondeat Superior
Individual defendant was driving his employer's vehicle for a purely personal mission of his own and was not acting within the scope of his employment when he collided with plaintiff's vehicle.
Thomas v. State, A14A2052; A14A2053; A14A2054; A14A2055
Georgia Court of Appeals, Criminal Case (3/27/2015, 5/22/2015)
CRIMINAL PRACTICE: Right to Self-Representation, Speedy Trial, Arrest, Right to Be Present at Trial
The Court vacated the trial court's ruling on defendant's speedy trial motion and remanded the case to the trial court for it to re-balance the Barker factors.
State v. Barnes, A14A1915
Georgia Court of Appeals, Criminal Case (3/27/2015, 5/21/2015)
CRIMINAL PRACTICE: DUI, Implied Consent Rights
In determining that defendant did not rescind her prior refusal to consent to chemical testing, the trial court failed to evaluate the officer's actions to determine if the officer acted reasonably in interpreting defendant's statement as a rescission of her refusal and whether the procedure was applied in a fair manner.
Partin v. Georgia Farm Bureau Mut. Ins. Co., A14A2025
Georgia Court of Appeals, Civil Case (3/27/2015, 5/21/2015)
INSURANCE LAW: Declaratory Judgment, Exclusion, Coverage
The trial court erred in finding that the farm package insurance policy's motor vehicle exclusion applied to preclude coverage for claims asserted against the insured for injuries sustained on a four-wheeled all-terrain vehicle.
Logan-Goodlaw v. State, A14A2082
Georgia Court of Appeals, Criminal Case (3/27/2015, 5/21/2015)
CRIMINAL PRACTICE: Armed Robbery, Presence at Crime Scene
The trial court properly admitted similar transaction evidence of a prior armed robbery conviction.
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