Court Opinions

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Recent opinions released by Georgia's Appellate courts
Summerour v. City of Marietta, A16A0640
Georgia Court of Appeals, Civil Case (7/8/2016, 8/26/2016)
REAL PROPERTY: Condemnation, Appraisal
The trial court should have dismissed the condemnation petition, because the City failed to provide a summary of the basis for its just-compensation offer in violation of O.C.G.A. § 22-1-9 subsection (3).
Harrison v. McAfee, A16A0648
Georgia Court of Appeals, Civil Case (7/7/2016, 8/26/2016)
TORTS: Premises Liability, Negligence
The Court found that O.C.G.A. § 9-3-99, which provides for tolling as to "any cause of action in tort" brought by a crime victim that "arises out of the facts and circumstances relating to the commission of such alleged crime," does not apply only to claims filed against the alleged perpetrator; therefore, the plaintiff's claim against the owner of a bar where he was shot during an attempted robbery was not time-barred.
Parfenuk v. State, A16A0636
Georgia Court of Appeals, Criminal Case (7/13/2016, 8/26/2016)
CRIMINAL PRACTICE: Child Molestation, New Trial
The defendant was entitled to a new trial following his convictions for child molestation, because the trial court erred in allowing the State to admit testimony regarding the results of a lie detector test.
Howell v. Beauly LLC, A16A0327
Georgia Court of Appeals, Civil Case (7/12/2016, 8/26/2016)
CIVIL PRACTICE: Civil Practice Act, Dismissal, Counterclaim
The trial court erred in dismissing the defendants' counterclaim based on a purported violation of the Georgia Civil Practice Act in the magistrate court proceedings, because the Civil Practice Act does not apply to magistrate court proceedings.
State v. Rucker, A16A0047
Georgia Court of Appeals, Criminal Case (7/12/2016, 8/26/2016)
CRIMINAL PRACTICE: Firearms Offense, Search & Seizure
The officers had reasonable good-faith suspicion to conduct a warrantless search of the defendant's residence after receiving an anonymous tip that the defendant was involved in the sale of illegal narcotics from that residence and since the defendant had signed a waiver of rights as a condition of his probation for a drug charge.
Lima Delta Co. v. Global Aerospace Inc., A16A0643
Georgia Court of Appeals, Civil Case (7/12/2016, 8/25/2016)
INSURANCE LAW: Coverage, Denial of Benefits, Exclusion
The insurer was entitled to summary judgment in its action against its insureds arising out of an airplane crash, because the underlying insurance policy did not cover the crash due to the insureds' failure to comply with the policy's open pilot warranty provision.
Weathers v. Dieniahmar Music LLC, A16A0663
Georgia Court of Appeals, Civil Case (7/7/2016, 8/25/2016)
CIVIL PRACTICE: Dismissal, Long-Arm Jurisdiction
The trial court erred in dismissing the plaintiff's breach of contract and fraud claims against a well-known hip hop producer in a dispute involving a music publishing business, since the complaint set forth sufficient facts to survive a motion to dismiss.
Nateghi v. Beauford Props. LLC, A16A0374
Georgia Court of Appeals, Civil Case (7/8/2016, 8/25/2016)
DAMAGES: Lost Profits, Contract
The evidence was legally insufficient for the defendant to recover lost profits as an element of damages caused by the plaintiff-tenant's wrongful occupancy of the property, as the defendant failed to present evidence demonstrating that its business had a proven record of profitability and failed to show anticipated revenues and expenses for the business it had intended to operate on the property.
Terry v. Catherall, A16A0353
Georgia Court of Appeals, Civil Case (7/12/2016, 8/25/2016)
TORTS: Nuisance, Proximate Cause
The plaintiffs' expert testimony was sufficient to create a genuine issue of material fact on the issue of causation in their nuisance suit related to surface water runoff from the defendants' adjoining property.
State v. Desai, A16A0020
Georgia Court of Appeals, Criminal Case (7/12/2016, 8/25/2016)
CRIMINAL PRACTICE: New Trial, DUI, Juror Qualification
The trial court properly granted the defendant a new trial after the trial court failed to read the petit jury oath mandated by O.C.G.A. § 15-12-139 prior to the jury commencing deliberations.
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