Court Opinions

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Recent opinions released by Georgia's Appellate courts
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."
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.
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