Monthly archive
30 summarized civil decisions from the Georgia Court of Appeals.
The legal issue was whether Flagship assumed liability for Ashline's default judgment against Marinas based on contractual language. The Georgia Court of Appeals held that the contract provisions only released certain...
The legal issue was whether the trial court erred in consolidating a hearing on an interlocutory injunction with a declaratory judgment action and whether federal law preempted state law regarding pipeline surveys. The...
The legal issue is whether the Georgia Department of Transportation's sovereign immunity applies to claims arising from a construction inspection of a state roadway. The Georgia Court of Appeals affirmed that because...
The legal issue is whether a plaintiff had a heightened obligation to look down for hazards after furniture removal, despite not seeing specific exposed cords before falling. The Georgia Court of Appeals reversed the...
The Georgia Court of Appeals held that summary judgment should be affirmed for some defendants while reversing it for others regarding a wrongful death suit involving Hill's suicide. The court found no genuine issue of...
The Georgia Court of Appeals held that the trial court erred by denying Mark Warren's request for specific findings of fact and conclusions of law regarding a modification of child custody. The Georgia Court of Appeals...
The legal issue was whether a prior federal False Claims Act settlement barred the Georgia State's action under the Georgia False Medicaid Claims Act due to res judicata. The Georgia Court of Appeals affirmed the trial...
The legal issue involved whether Georgia Casualty was entitled to a directed verdict based on misrepresentations in an unsigned application. The Georgia Court of Appeals dismissed the case after finding that the...
The Georgia Court of Appeals held that the trial court incorrectly applied a standard for determining grandparent visitation rights. The Court of Appeals vacated and remanded the portion of the order denying Ballweg's...
The legal issue was whether a sheriff's sale constituted an arm's length, bona fide sale for determining maximum allowable fair market value under OCGA § 48-5-2 (3). The Georgia Court of Appeals reversed the superior...
The legal issue was whether a dismissal based on the statute of limitations barred subsequent claims under collateral estoppel. The Georgia Court of Appeals affirmed the trial court's decision that the expiration of...
The legal issue was whether a trial court could amend an attorney fee award outside the term of court by substituting one entity name for another and adding new parties. The Georgia Court of Appeals reversed the...
The Georgia Court of Appeals reversed the trial court's grant of summary judgment because there remained disputed material facts regarding whether Kmart’s merchandise display obstructed a customer's view of the curb....
The Georgia Court of Appeals affirmed summary judgment for Kroger on product liability but reversed it on ordinary negligence while vacating the denial of spoliation sanctions against Kroger. The court held that there...
The Georgia Court of Appeals held that expert medical testimony establishing a reasonable degree of medical probability regarding causation was sufficient to overcome summary judgment on personal injury claims....
The Georgia Court of Appeals reversed a trial court's judgment regarding an adoption challenge based on statutory time limits. The Georgia Court of Appeals remanded the case with direction to determine appropriate...
The Georgia Court of Appeals reversed the trial court's ruling because there was a genuine issue of material fact regarding ordinary negligence in parking a tractor on a residential street. The Court held that...
The Georgia Court of Appeals held that the city's issuance of a business license is a governmental function, making the city immune from liability for negligent exercise of that function under sovereign immunity. The...
The Georgia Court of Appeals reversed part of the judgment because the trial court erred in finding that a set-off stipulation covered all agreed amounts. The Georgia Court of Appeals remanded the cases with direction...
The Georgia Court of Appeals affirmed the trial court's dismissal of Michael A. Cronan's quiet title counterclaim while reversing its decision regarding his claim for attorney fees and the right to examine Chase’s...
The Georgia Court of Appeals held that law enforcement officers were entitled to official immunity from suit because there was no evidence of actual malice or intent to injure. Therefore, the Georgia Court of Appeals...
The legal issue was whether an out-of-possession landlord is liable to third parties for injuries caused by a tenant's negligence under Georgia law. The Georgia Court of Appeals reversed the trial court's decision,...
The legal issue was whether a signature on a promissory note made by an officer of an LLC constituted personal liability for the debt. The Georgia Court of Appeals affirmed the trial court's summary judgment, holding...
The legal issue is whether a trial court's award of attorney fees under OCGA § 9-15-14 was unauthorized because it was an unapportioned lump sum. The Georgia Court of Appeals vacated the order and remanded the case...
The Georgia Court of Appeals reversed the trial court's decision to dismiss a complaint because it erred in denying a motion for service by publication, finding that Cascade Parc failed to exercise due diligence. The...
The Georgia Court of Appeals held that genuine disputes of material fact exist regarding whether certain property remained fixtures or belonged to the tenants after eviction. The Georgia Court of Appeals affirmed the...
The Georgia Court of Appeals held that an arbitration agreement binding a power of attorney does not bind wrongful death claims brought by beneficiaries because those claims are distinct from the decedent's rights....
The Georgia Court of Appeals held that when an employment agreement and promissory notes are integrated contracts, their attorney fee provisions are complementary rather than contradictory. Therefore, the court...
The legal issue is whether a notice of nonparty fault can be struck when an action is brought against one defendant but involves multiple parties. The Georgia Court of Appeals reversed the trial court's decision,...
The legal issue is whether a plaintiff must demonstrate the greatest possible diligence when attempting to serve a defendant after the statute of limitations has expired. The Georgia Court of Appeals affirmed the trial...