Court Opinions

FROM TO
Recent opinions released by Georgia's Appellate courts
Jackson v. Sanders, A15A0127
Georgia Court of Appeals, Civil Case (7/16/2015, 9/2/2015)
FAMILY LAW: Child Custody, Child Support, Modification
The parties' agreement that the father would pay an equivalent amount of his child support payment directly to their child's private school for tuition as an alternative to paying the mother directly was not a modification of the amount of the father's child support obligation without a court order, and the trial court thus erred in finding that the father owed the mother past due child support for those payments.
Marks v. Flowers Cross Community Ass'n Inc., A15A0334
Georgia Court of Appeals, Civil Case (7/15/2015, 9/2/2015)
REAL PROPERTY: Restrictive Covenants, Homeowners' Association Assessments
The defendants were entitled to a new trial after a homeowners' association was awarded damages for violations of certain restrictive covenants, recovery of past due homeowners' association assessments and attorney fees, because some of the association's claims were time-barred and there was no way to tell from the jury's general verdict form whether the award was for the time-barred claims or the other claims.
Green Tree Servicing LLC v. Jones, A14A2001
Georgia Court of Appeals, Civil Case (7/16/2015, 9/2/2015)
ADR: Arbitration, Federal Arbitration Act
Entry of an order confirming an arbitration award on the same day the plaintiffs filed their application to confirm the award and served it by mail on the defendant's attorney deprived the defendant of notice and an opportunity to respond to the application to raise objections to confirmation.
Qenkor Constr. Inc. v. Everett, A15A0598
Georgia Court of Appeals, Civil Case (7/15/2015, 9/1/2015)
TORTS: Conversion, Immunity
A jury question remained as to whether the sheriff acted with actual malice in allegedly converting the plaintiff's money that was seized during a warrantless search of a car and purse, and the trial court thus erred in finding that qualified immunity applied and barred the plaintiff's conversion claim.
Georgia Dep't of Corrections v. Grady Mem'l Hosp. Corp., A15A0549; A15A0550
Georgia Court of Appeals, Civil Case (7/16/2015, 9/1/2015)
CONSTITUTIONAL LAW: Sovereign Immunity
Sovereign immunity barred the hospital's action against the Georgia Department of Corrections seeking payment for medical care provided to a county jail inmate, because O.C.G.A. § 42-5-2 did not apply to waive the State's immunity, since the State did not have physical custody of the inmate when he was injured and taken to the hospital for treatment.
Smith v. State, A15A0327
Georgia Court of Appeals, Criminal Case (7/16/2015, 9/1/2015)
CRIMINAL PRACTICE: Robbery by Intimidation, Jury Charges, Conspiracy, Effective Assistance of Counsel
The jury could have inferred that the threatening notes the defendant handed the bank tellers coupled with his behavior constituted the requisite intimidation to induce the tellers to surrender the banks' cash to him to support his convictions on four counts of robbery by intimidation.
American Management Servs. E. LLC v. Fort Benning Family Communities LLC, A15A0125
Georgia Court of Appeals, Civil Case (7/15/2015, 8/31/2015)
CONTRACTS: Breach of Contract, Wrongful Termination, Fraud, Breach of Fiduciary Duty, Unjust Enrichment, Implied Duty of Good Faith and Fair Dealing
The Court partially affirmed the trial court's summary judgment orders in a dispute over the termination of property management agreements related to military housing projects at Fort Benning, Georgia and Fort Belvoir, Virginia.
London v. State, A15A0751
Georgia Court of Appeals, Criminal Case (7/16/2015, 8/31/2015)
CRIMINAL PRACTICE: Aggravated Child Molestation, Child Molestation
The trial court erred in denying the defendant's motion to suppress a recording of a telephone conversation between him and the child molestation victim, because the State failed to obtain consent for the recording by order of a judge of a superior court upon written application.
Holowiak v. State, A15A0547
Georgia Court of Appeals, Criminal Case (7/15/2015, 8/31/2015)
CRIMINAL PRACTICE: DUI, New Trial
The defendant failed to show that the testimony or documents he sought from an out-of-state witness were material and there was no basis for concluding that the trial court erred in denying his motion for new trial after he was convicted of DUI per se.
RTT Assocs. Inc. v. Georgia Dep't of Labor, A15A0792
Georgia Court of Appeals, Civil Case (7/14/2015, 8/28/2015)
CONTRACTS: Breach of Contract, Implied Duty of Good Faith and Fair Dealing, Modification
The trial court erred in granting summary judgment to the State after finding that the plaintiff failed to show that the State had waived its sovereign immunity in the plaintiff's suit for breach of contract and breach of the implied covenants of good faith and fair dealing.
  1 - 10 of 25093 results