Monthly archive

August 2016

9 summarized civil decisions from the Georgia Court of Appeals.

A16A0705 August 31, 2016 Affirmed

Columbia Casualty Company v. Plantation Pipe Line Company

The Georgia Court of Appeals held that Columbia Casualty Company's policy was not triggered because the losses did not reach the attachment point, despite arguments regarding pro rata allocation among successive...

A16A1018 August 31, 2016 Affirmed

Carlos Clemons v. Delta Airlines Inc.

The Georgia Court of Appeals held that a trial court's dismissal was proper because some claims were barred by the statute of limitations and others failed to state a claim for relief. The Georgia Court of Appeals...

A16A1243 August 19, 2016 Vacated & Remanded With Direction

Benjamin Ryan Sadler v. Savannah Shawn Rigsby

The legal issue was whether the trial court erred in denying a party's timely request for findings of fact and conclusions of law in a contested custody case under Georgia law. The Georgia Court of Appeals held that...

A16A1070 August 18, 2016 Reversed

Sheila Trowell Morris v. Lois Inez Byrd

The legal issue was whether an express easement described vaguely in a deed could be enforced despite lacking a specific key for location or width. The Georgia Court of Appeals reversed the trial court's summary...

A16A1210 August 18, 2016 Vacated & Case Remanded

Douglas Andrew Hardin v. Rita B. Hardin A/K/A Rita Barbagallo

The Georgia Court of Appeals held that a trial court order permitting visitation based on completing therapy is an impermissibly self-executing change of visitation because it lacks necessary judicial scrutiny...

A16A1327 August 18, 2016 Affirmed

Barbara Forbes v. Cynthia Smith

The legal issue was whether a two-year statute of limitations for personal injury claims was tolled by provisions related to tolling statutes concerning alleged crimes arising from the accident. The Georgia Court of...

A16A1034 August 12, 2016 Affirmed

Shauntia Floyd v. Jermaine Brown

The Georgia Court of Appeals held that a petition for child custody modification requires finding a material change in conditions affecting the child's welfare since the last award. The Georgia Court of Appeals...

A16A1056 August 11, 2016 Reversed And Remanded

Christina Oxford v. Joseph Fuller

The legal issue is whether the trial court erred by entering a custody order that automatically alternates primary physical custody annually without determining if it serves the children's best interests. The Georgia...

A16A0804 August 3, 2016 Dismissed

Lemcon Usa Corporation v. Icon Technology Consulting, Inc.

The legal issue was whether Lemcon USA Corporation had jurisdiction to appeal the denial of a motion to set aside a foreign judgment when it failed to follow the required discretionary appeal procedure. The Georgia...