Recent opinions released by Georgia's Appellate courts
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.
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.
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