Monthly archive

June 2020

10 summarized civil decisions from the Georgia Court of Appeals.

A20A0322 June 4, 2020 Reversed

Sandra Kay Hunter et al.. v. Lowndes County Health Services

The legal issue is whether an unsigned arbitration agreement, lacking consideration and party assent, constitutes a valid contract. The Georgia Court of Appeals reversed the trial court's decision, holding that the...

A20A0038 June 3, 2020 Reversed

Whitney Morris v. Real Estate Expert Advisors, LLC et al..

The Georgia Court of Appeals reversed the trial court's grant of summary judgment because it relied on admissions not binding the plaintiff to prove no duty owed by the defendants. The Georgia Court of Appeals held...

A20A0399 June 3, 2020 Vacated & Remanded With Direction

Damon Zeigler v. Cynthia Demetria Zeigler et al..

The legal issue is whether a prisoner can be compelled to appear in court for a civil matter when requested as a witness. The Georgia Court of Appeals vacated the trial court's order denying transportation because it...

A20A0482 June 3, 2020 Affirmed

Eddie Denhardt v. Carolyn Sparks

The legal issue is whether Eddie Denhardt had a priority interest in excess funds from a tax sale under OCGA ยง 48-4-5 despite his judgment lien. The Georgia Court of Appeals held that Denhardt was not entitled to...

A20A0645 June 3, 2020 Affirmed In Part/Reversed In Part

Jenry Villalobos v. Atlanta Motorsports Sales, LLC

The Georgia Court of Appeals held that while a trial court correctly granted judgments on fraud and rescission claims, it erred in granting judgment on the pleadings for revocation of acceptance because an "as is"...

A20A0653 June 3, 2020 Dismissed

Clayton County Civil Service Board v. Victor Hill

The legal issue was whether the Clayton County Civil Service Board had standing to appeal a superior court's order reversing its decision regarding employee termination. The Georgia Court of Appeals dismissed the...

A20A0734 June 2, 2020 Reversed

Geico General Insurance Company v. Harold Howard Breffle

The legal issue is whether an insured's failure to provide notice of a collision within "as soon as possible" constitutes a condition precedent to insurance coverage. The Georgia Court of Appeals reversed the trial...

A20A0429 June 1, 2020 Reversed

Jalal K. Ghali et al.. v. Adriel Antonio Miles, Sr. et al..

The legal issue was whether the Ghalis owed a duty to the plaintiffs for negligent infliction of emotional distress after their son fired a gun. The Georgia Court of Appeals reversed the trial court's denial of summary...

A20A0933 June 1, 2020 Reversed

Tyrance Mccall v. Cooper Tire & Rubber Company

The legal issue was whether Cooper Tire & Rubber Company possessed personal jurisdiction over it in Georgia despite its incorporation outside the state. The Georgia Court of Appeals reversed the trial court's...