Court Opinions

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Recent opinions released by Georgia's Appellate courts
Bickerstaff v. SunTrust Bank, A14A1780; A14A1781
Georgia Court of Appeals, Civil Case (3/30/2015, 6/2/2015)
ADR: Arbitration
The plaintiff effectively exercised his right to opt out of arbitration, pursuant to the opt-out provision in a deposit accounts agreement, when he filed suit against the bank alleging he was charged usurious bank card overdraft fees.
State v. Kazmierczak, A14A2046
Georgia Court of Appeals, Criminal Case (3/30/2015, 6/2/2015)
EVIDENCE: Search Warrant
The presence of an odor of marijuana emanating from a specified location may be the sole basis for the issuance of a search warrant if the affidavit for the warrant contains sufficient information for a magistrate to determine that the officer who detected the odor is qualified to recognize the odor as marijuana.
Raser Techs. Inc. v. Morgan Stanley & Co. LLC, A14A2084; A14A2085
Georgia Court of Appeals, Civil Case (3/30/2015, 6/2/2015)
APPEALS: Court of Appeals Rules
The Court of Appeals affirmed the trial court's judgments in accordance with Court of Appeals Rule 36.
Norwich v. The Shrimp Factory Inc., A14A1884
Georgia Court of Appeals, Civil Case (3/30/2015, 6/2/2015)
TORTS: Premises Liability
The plaintiff had equal knowledge of the allegedly hazardous condition of a step in a restaurant's restroom because she had successfully negotiated the step when she entered the restroom.
Thomas v. Fulton County Bd. of Educ., A14A2057
Georgia Court of Appeals, Civil Case (3/30/2015, 6/1/2015)
WORKERS COMPENSATION: Wage Calculation
The State Board of Workers' Compensation incorrectly applied O.C.G.A. § 34-9-260 when calculating the claimant's average weekly wage.
Gregg v. State, A14A2065
Georgia Court of Appeals, Criminal Case (3/30/2015, 6/1/2015)
CRIMINAL PRACTICE: Subpoenas, Theft by Taking
The trial court erred in denying the defendant's motion to compel compliance with a subpoena duces tecum because the subpoena sought evidence relevant to her sole defense.
Cheeley Invs. LP v. Zambetti, A14A1771
Georgia Court of Appeals, Civil Case (3/30/2015, 6/1/2015)
CONTRACTS: Breach of Contract, Promissory Estoppel
Genuine issues of material fact remained as to the plaintiffs' breach of contract and promissory estoppel claims related to an alleged oral agreement.
R. C. Acres Inc. v. Cambridge Faire Properties LLC, A14A1688; A14A1689; A14A2102
Georgia Court of Appeals, Civil Case (3/30/2015, 6/1/2015)
REAL PROPERTY: Easement
The new Georgia Evidence Code does not limit cross-examination to the scope of direct, as it does not track the federal rule.
Bank of Am. v. Cuneo, A14A1564
Georgia Court of Appeals, Civil Case (3/30/2015, 5/29/2015)
CONTRACTS: Reformation, Mutual Mistake, Estoppel
There was some evidence of a mutual mistake in the joint tenant's failure to convey her undivided one-half interest in the real property when the mortgage debt was refinanced, and the bank was entitled to an equitable reformation of the security deeds to add the joint tenant's name.
Cooley v. Bryant, A14A1580
Georgia Court of Appeals, Civil Case (3/30/2015, 5/29/2015)
TORTS: Immunity, Negligent Inspection, Negligent Maintenance
A question of fact remained as to whether a correctional officer was entitled to official immunity after a prison inmate on a work crew sustained injuries from an allegedly defective lawnmower.
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