Court Opinions

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Recent opinions released by Georgia's Appellate courts
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.
Etowah Envtl. Group LLC v. Walsh, A15A0116
Georgia Court of Appeals, Civil Case (7/15/2015, 8/28/2015)
CIVIL PRACTICE: Collateral Estoppel, Summary Judgment
Although collateral estoppel barred some of the plaintiff's claims related to the defendants' alleged fraud, genuine issues of fact remained as to the plaintiff's claim for attorney fees and costs incurred in discovering the extent of the defendants' fraud, as that issue was not actually settled by the arbitration panel in the previous action.
Anderson v. All Am. Quality Foods, A15A0676
Georgia Court of Appeals, Civil Case (5/1/2015, 8/28/2015)
APPEALS: Costs, Dismissal, Transcript
The trial court properly denied the plaintiff indigent status and refused to relieve her of paying the costs of her appeal in her slip and fall lawsuit.
Safari v. RES-MS Bayfront LLC, A15A0645
Georgia Court of Appeals, Civil Case (7/14/2015, 8/27/2015)
CIVIL PRACTICE: Discovery
The trial court erred in excluding a defendant's testimony as to the value of properties that the defendants allegedly fraudulently transferred prior to the plaintiffs obtaining judgments against them, because the trial court's scheduling order requiring the defendants to identify expert witnesses by a certain date could not be construed as requiring the defendants to identify the defendant as an expert witness.
AAA Restoration Co. Inc. v. Peek, A15A0555
Georgia Court of Appeals, Civil Case (7/14/2015, 8/27/2015)
ADR: Arbitration
The arbitration clause in the parties' agreement was not unenforceable, despite the fact that the designated arbitral forum did not exist, because the selection of a particular forum was merely an "ancillary logistical concern" and the trial court was thus permitted to appoint a substitute arbitrator.
Day v. Floyd County Bd. of Educ., A15A0401; A15A0402
Georgia Court of Appeals, Civil Case (7/14/2015, 8/27/2015)
APPEALS: Jurisdiction, Right to Appeal
Because the teacher who was appealing the board of education's decision not to renew her employment contract was employed at a charter school, she was not entitled to the procedural rights and remedies afforded by the Fair Dismissal Act, as the charter system was exempt from the FDA and its administrative appeals process pursuant to the general waiver of O.C.G.A. § 20-2-2065 subsection (a).
Johnson v. Bank of Am. NA, A15A0688
Georgia Court of Appeals, Civil Case (7/14/2015, 8/27/2015)
REAL PROPERTY: Quiet Title, Lis Pendens
The plaintiff had standing to bring his suit to quiet title against all the world to certain residential property and the trial court therefore erred in dismissing the suit and in cancelling a lis pendens.
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