Court Opinions

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Recent opinions released by Georgia's Appellate courts
McElvaney v. Roumelco LLC, A14A1598
Georgia Court of Appeals, Civil Case (3/30/2015, 5/28/2015)
CONTRACTS: Breach of Contract
Genuine questions of material fact remained in the plaintiff's breach of contract suit concerning his ownership interest in a company.
The Four County Bank v. Tidewater Equip. Co., A14A1677
Georgia Court of Appeals, Civil Case (3/30/2015, 5/28/2015)
COMMERCIAL LAW: Financing Statement, Perfection of Security Interest, Good Faith Purchaser for Value
The trial court properly granted summary judgment to the defendant in a bank's suit for trover and conversion, since the bank failed to file continuation statements in connection with its security interests in two pieces of foresting equipment.
City of Sandy Springs v. Mills, A14A1547
Georgia Court of Appeals, Civil Case (3/30/2015, 5/28/2015)
CIVIL PRACTICE: Summary Judgment, Declaratory Judgment
There was evidence that the descendants of the grantor of a deed for a one acre tract of land that had been conveyed for the purposes of a family burial ground abandoned the tract and they therefore were not entitled to summary judgment in a declaratory judgment action.
State v. West, A14A1619
Georgia Court of Appeals, Criminal Case (3/30/2015, 5/28/2015)
CRIMINAL PRACTICE: Forfeiture
The plain language of O.C.G.A. § 16-13-49 subsection (d)(6) does not require evidence that property found in "close proximity" to marijuana be further connected to the illegal activity in order to be subject to forfeiture.
Sewell v. Cancel, A12A1951; A12A1952
Georgia Court of Appeals, Civil Case (3/30/2015, 5/27/2015)
TORTS: Breach of Fiduciary Duty, Fraud, Immunity
The defendants were entitled to summary judgment on the plaintiffs' breach of fiduciary duty and fraud claims.
Scapa Dryer Fabrics Inc. v. Knight, A14A1587
Georgia Court of Appeals, Civil Case (3/30/2015, 5/27/2015)
TORTS: Negligence, Toxic Tort, Premises Liability, Proximate Cause
The evidence sufficiently supported the jury verdict finding that the defendant negligently exposed the plaintiff to airborne asbestos fibers and that this exposure was a contributing proximate cause of his development of malignant mesothelioma.
Kelley v. State, A14A1682
Georgia Court of Appeals, Criminal Case (3/30/2015, 5/27/2015)
CRIMINAL PRACTICE: Plea Bargain, Sentencing
The State is not permitted to withdraw a negotiated plea offer if the court indicates it intends to sentence the defendant to less time than recommended.
Seaboard Constr. Co. v. Kent Realty Brunswick LLC, A14A1615
Georgia Court of Appeals, Civil Case (3/30/2015, 5/27/2015)
CIVIL PRACTICE: Summary Judgment
The aggregate amount of materialman's liens exceeded the remaining contract price for improvements made or services performed on the property and the liens were therefore excessive and invalid.
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.
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