Court Opinions

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Recent opinions released by Georgia's Appellate courts
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.
Ashley v. State, A14A1848
Georgia Court of Appeals, Criminal Case (3/30/2015, 5/29/2015)
EVIDENCE: Character, Similar Transaction
The trial court erred in admitting certain similar transaction evidence that improperly placed the defendant's character into issue.
In the Interest of C. A. J., A14A1826
Georgia Court of Appeals, Civil Case (3/30/2015, 5/29/2015)
FAMILY LAW: Deprivation, Child Custody
The juvenile court lacked jurisdiction to enter a permanent custody award after finding that the child was deprived.
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.
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