Monthly archive

February 2016

9 summarized civil decisions from the Georgia Court of Appeals.

A15A2272 February 25, 2016 Affirmed In Part/Reversed In Part

Tameka Cone v. Xavier Dickenson

The legal issue is whether a jury issue remains regarding the terms of a settlement agreement when parties dispute whether a general or limited release was agreed upon. The Georgia Court of Appeals affirmed the denial...

A14A0215 February 23, 2016 Affirmed In Part/Reversed In Part

Georgia River Network et al.. v. Judson H. Turner et al..

The legal issue involved whether a specific buffer requirement applied to state waters adjacent to banks without wrested vegetation. The Georgia Court of Appeals affirmed part of the prior decision while reversing...

A15A1769 February 23, 2016 Reversed

Sondi Moore-Waters et al.. v. Met-Test, LLC.

The legal issue is whether defendants must answer an amended complaint when a trial court grants a motion to add new defendants without ordering them to do so. The Georgia Court of Appeals reversed the default judgment...

A15A0148 February 19, 2016 Vacated & Remanded With Direction

In The Interest Of: A. E. W., A Child (Father)

The legal issue involved David Stone appealing trial court orders granting joint legal custody to a father and a maternal grandmother under Georgia law. The Georgia Court of Appeals vacated the orders and remanded the...

A15A2139 February 15, 2016 Reversed

Maria Sturgess v. Oa Logistics Services, Inc. et al..

The legal issue was whether a third-party felonious assault by an employee's coworker could be considered an accident arising out of employment under Georgia Workers’ Compensation Act exclusive remedy provisions. The...

A15A2125 February 12, 2016 Affirmed

Mcg Health, Inc. et al.. v. Laqetria Jordan et al..

The legal issue was whether venue for tort claims under the Georgia Tort Claims Act should be determined by where the negligent acts occurred or where the loss occurred. The Georgia Court of Appeals affirmed the trial...

A15A2300 February 12, 2016 Affirmed

Mildred Anne Holloway v. The Kroger Company

The Georgia Court of Appeals held that the defense counsel's improper closing argument and reference to unadmitted photographs did not constitute reversible error because they did not substantially change the verdict....

A15A1932 February 10, 2016 Affirmed In Part/Reversed In Part

Paul D'Agnese v. Wells Fargo Bank, N. A.

The legal issue is whether the trial court erred in granting summary judgment to Wells Fargo Bank because the bank failed to submit sufficient evidence of damages. The Georgia Court of Appeals affirmed liability but...