Monthly archive
23 summarized civil decisions from the Georgia Court of Appeals.
The Georgia Court of Appeals held that City Heights Condominium Association could not assess litigation defense costs against former members because the Bombaras' lawsuit was not solely caused by their conduct. The...
The legal issue involved whether RTT Associates, Inc. waived sovereign immunity in a breach of contract suit against the Georgia Department of Labor. The Georgia Court of Appeals affirmed the trial court's denial of...
The Georgia Court of Appeals held that the contract terms permit Community & Southern Bank to deduct expenses from sale proceeds before distribution because the default provision controls. The Georgia Court of Appeals...
The legal issue involved whether the Georgia Department of Transportation was immune from liability based on its inspection of property adjacent to a highway. The Georgia Court of Appeals affirmed the trial court's...
The legal issue was whether an MCS-90 endorsement applied to an accident involving intrastate commerce of nonhazardous commodities. The Georgia Court of Appeals reversed the trial court's summary judgment because...
The Georgia Court of Appeals dismissed Robert Eidson's discretionary appeal because he failed to comply with the procedural requirements for appealing an interlocutory order. The Court held that since the underlying...
The legal issue involved whether a deed transferring church property to Bethel Church circumvented the Book of Discipline requiring property to be held in trust for the national church. The Georgia Court of Appeals...
The Georgia Court of Appeals held that because Judge Shoenthal failed to provide written notice as required by the Pension Code, the trial court correctly determined that the change in beneficiaries was not legally...
The Georgia Court of Appeals held that the trial court erred by failing to decide whether the City waived sovereign immunity as a threshold issue of subject matter jurisdiction. Consequently, the Georgia Court of...
The Georgia Court of Appeals held that the trial court erred by failing to consider all circumstances when determining custody because it relied on evidence over two years old without considering new facts. The Georgia...
The legal issue is whether a non-conforming check delivered to an attorney constitutes acceptance of a settlement offer. The Georgia Court of Appeals reversed the trial court's denial because the delivery of a...
The legal issue was whether JLB Buckhead's defective Notice of Commencement excused Capitol Materials, Inc.'s late filing of a Notice to Contractor. The Georgia Court of Appeals reversed the trial court's summary...
The legal issue was whether video footage and investigation reports were exempt from disclosure under the "pending prosecution" exemption when held by an agency involved in a criminal matter. The Georgia Court of...
The Georgia Court of Appeals held that because the challenge to the interlocutory injunction was moot after the Supreme Court's ruling, the appeals were dismissed. The Georgia Court of Appeals also dismissed the appeal...
The Georgia Court of Appeals held that a genuine issue of material fact exists regarding whether the lease authorized Carlisle's reentry based on paragraph 24. Consequently, the Georgia Court of Appeals vacated the...
The Georgia Court of Appeals held that the appeal was dismissed because Adriene Parker failed to file a notice of appeal within the required time frame. The Georgia Court of Appeals concluded that without a timely...
The legal issue was whether an arbitration clause in an operating agreement remained enforceable after a prior arbitration found the agreement unenforceable due to lack of mutuality. The Georgia Court of Appeals...
The Georgia Court of Appeals affirmed a jury's verdict finding Wood liable for breach of contract and quantum meruit based on an ongoing agreement regarding interior design services. The court held that the trial court...
The Georgia Court of Appeals held that while it affirmed summary judgment for M&B on certain claims, it reversed the dismissal of Humphrey’s claims against Chase because he was alleging wrongful attempted foreclosure...
The legal issue was whether a defamation lawsuit could proceed without the defendant filing a verification under Georgia's anti-SLAPP statute. The Georgia Court of Appeals reversed the trial court's decision, holding...
The legal issue was whether Covault properly satisfied service requirements under the Georgia Nonresident Motorist Act despite the statute of limitations expiring. The Georgia Court of Appeals affirmed the trial...
The Georgia Court of Appeals held that a former action's pendency does not abate a subsequent renewal action if the claims are not still pending. Consequently, the Georgia Court of Appeals reversed the trial court's...
The Georgia Court of Appeals held that summary judgment was proper because Adewumi failed to respond to discovery requests, which resulted in those admissions being deemed conclusive as a matter of law. The Georgia...