Court Opinions

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Recent opinions released by Georgia's Appellate courts
Save-A-Lot Food Stores v. Amos, A14A1633
Georgia Court of Appeals, Civil Case (3/25/2015, 5/7/2015)
WORKERS COMPENSATION: Burden of Proof
The State Board of Workers' Compensation did not impose on the claimant a burden of proof higher than the applicable preponderance of competent and credible evidence standard set forth in O.C.G.A. § 34-9-1 subsection (4) when it denied his claim for benefits after he allegedly suffered a work-related stroke.
Barrow v. Mikell, A14A2312
Georgia Court of Appeals, Civil Case (3/25/2015, 5/7/2015)
GOVERNMENT: Driver's License Suspension
The appellant's appeal from the denial of his request to have his driver's license reinstated was untimely.
Golden Isles Outdoor LLC v. The Lamar Co. LLC, A14A2020
Georgia Court of Appeals, Civil Case (3/24/2015, 5/7/2015)
LAND USE PLANNING: Sign Ordinance, Zoning
The trial court erred in its construction of the digital billboard ordinance in the City of Savannah's Code of Ordinances.
Bing v. The Zurich Servs. Corp., A14A1911; A14A1912; A14A1913; A14A1914
Georgia Court of Appeals, Civil Case (3/25/2015, 5/7/2015)
TORTS: Negligent Inspection
There was no genuine issue of material fact in the negligent inspection action arising out of an explosion at a sugar refinery plant, as the defendant did not undertake a duty to perform inspections for the plant; rather, the defendant performed inspections for insurance underwriting purposes.
Fred Jones Enters. LLC v. Williams, A14A1877
Georgia Court of Appeals, Civil Case (3/24/2015, 5/6/2015)
CIVIL PRACTICE: Jurisdiction, Extraordinary Motion for New Trial, Set Aside Judgment, Final Judgment
Although the trial court properly concluded that it was without jurisdiction to rule upon the appellant's extraordinary motion for new trial during the pendency of its appeal from the denial of its motion to set aside a default judgment, the trial court was re-vested with jurisdiction to consider the appellant's motion as to damages once the Court of Appeals affirmed the denial of the motion to set aside the default judgment.
Chavez-Ortega v. State, A14A2188
Georgia Court of Appeals, Criminal Case (3/24/2015, 5/6/2015)
CRIMINAL PRACTICE: Statement, Right to Remain Silent, Miranda Rights
The defendant was "in custody" when he invoked his right to remain silent, but the police nonetheless continued to question him, which led to the incriminating statements that the trial court improperly declined to suppress at the defendant's trial.
In the Interest of H. J. C. Jr., A14A2237
Georgia Court of Appeals, Criminal Case (3/24/2015, 5/6/2015)
CRIMINAL PRACTICE: Juveniles
The juvenile court erred in dismissing the State's petition alleging that the minor had committed the delinquent act of violating his probation for previous delinquencies.
Dorsey v. State, A14A1893
Georgia Court of Appeals, Criminal Case (3/24/2015, 5/6/2015)
CRIMINAL PRACTICE: Voluntary Manslaughter, Conspiracy, Sentencing, Severance, Effective Assistance of Counsel
Even assuming that the trial court erred in sentencing the defendant separately on two conspiracy counts when the evidence only showed a single conspiracy, the error was harmless since the total sentence for the two convictions was within the legal limits for a single conspiracy conviction.
LabMD Inc. v. Savera, A14A1540
Georgia Court of Appeals, Civil Case (3/24/2015, 5/5/2015)
ATTORNEYS FEES: Sanctions, Expenses of Litigation
The trial court failed to consider certain factors that could have influenced the amount of its attorneys' fees award pursuant to O.C.G.A. § 9-15-14.
The Med. Ctr. Hosp. Auth. v. Cavender, A14A1788; A14A1789; A14A1790; A14A1791; A14A1792; A14A1793; A14A1794
Georgia Court of Appeals, Civil Case (3/24/2015, 5/5/2015)
TORTS: Negligence, Wrongful Death
The trial court erred in denying the defendants' motion for summary judgment in the plaintiffs' personal injury and wrongful death lawsuits arising from a deadly shooting rampage at a hospital, since the criminal acts were not reasonably foreseeable.
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