Monthly archive

September 2016

15 summarized civil decisions from the Georgia Court of Appeals.

A16A0963 September 28, 2016 Affirmed

Mario Williams v. The Georgia Department Of Corrections

The Georgia Court of Appeals held that Mario Williams' claims for conversion and invasion of privacy against the Department of Corrections were barred by sovereign immunity because he lacked a possessory interest in...

A16A1318 September 28, 2016 Affirmed

Suntrust Bank v. Jedon M. Lilliston et al..

The legal issue is whether a party waives its right to arbitration by acting inconsistently with that right during prior litigation. The Georgia Court of Appeals affirmed the trial court's determination that SunTrust...

A16A0925 September 21, 2016 Affirmed In Part/Reversed In Part

Tami Carter v. William O. Cornwell et al..

The Georgia Court of Appeals held that a claim against the physician for altering a prescription was professional malpractice because it questioned his professional judgment, while a claim against the practice for...

A16A1470 September 21, 2016 Reversed

Stephen Davison v. Citizens Bank & Trust Company

The legal issue was whether Stephen Davison was personally liable for a promissory note under OCGA § 11-3-403 as an unauthorized signer when the bank took the note in good faith. The Georgia Court of Appeals reversed...

A16A0799 September 15, 2016 Affirmed

James Argo v. G-Tec Services, LLC et al..

The legal issue involved whether an employee was entitled to commission under a contract requiring sales and whether they could sue for future compensation after termination of a terminable at will agreement. The...

A16A0983 September 15, 2016 Reversed

Jeffrey Edward Jackson v. James F. Nowland et al..

The legal issue involved whether a trust should be terminated based on conflicting termination clauses after the settlor's death. The Georgia Court of Appeals reversed the trial court's decision, holding that the...

A16A0826 September 14, 2016 Affirmed In Part/Vac In Part/Remanded W Dir

Lend A Hand Charity, Inc. et al.. v. The Ford Plantation Club, Inc.

The Georgia Court of Appeals held that a club declaration runs with the land binding subsequent owners regarding assessments because it concerns the land's use. The court also vacated the award of an 18% interest rate,...

A16A0913 September 14, 2016 Affirmed

Margaret E. Devlin v. Kristina Marie Devlin

The Georgia Court of Appeals held that the trial court did not abuse its discretion in denying the grandmother's requests to appear by telephone or determine her ability to travel without financial harm. The Georgia...

A16A0885 September 7, 2016 Reversed And Remanded With Direction

R. C. Acres, Inc. v. Mommies Properties, LLC et al..

The legal issue involved whether a trial court's amended judgment correctly specified the easement location based on jury evidence. The Georgia Court of Appeals reversed the amended judgment because it did not conform...

A16A1038 September 7, 2016 Reversed

Heather Corbin et al.. v. State Farm Fire And Casualty Company

The legal issue was whether a month-to-month rental constituted an "occasional" use under the policy exclusion for bodily injury coverage. The Georgia Court of Appeals held that because Moss treated the lake home as a...

A16A1089 September 1, 2016 Affirmed

Ashley L. Durden v. Jeremy D. Anderson

The Georgia Court of Appeals held that a biological father has an opportunity interest to develop a relationship with his child, requiring the trial court to determine if legitimation is in the child's best interest....