Monthly archive
47 summarized civil decisions from the Georgia Court of Appeals.
The issue at hand is whether OCGA § 9-15-14 applies to garnishment proceedings. Key facts include that SMS Financial Recovery Services, LLC filed a garnishment proceeding seeking to recover a judgment against Ian...
The issue and key facts involve plaintiffs' appeals from the trial court's decision to appoint a special master, reject their affidavits of indigency without a hearing, hold them in contempt for failing to pay pro-rata...
The issue and key facts are that Kristen Roan et al. appealed a trial court's denial of their motion to dismiss Taliesha Jones's negligence action against them, alleging they violated their duty to exercise ordinary...
The issue at stake in this case was whether plaintiff Glenn Wrightson's notice of appeal was timely and proper given that his motion for reconsideration had been denied by the trial court. Key facts included Wrightson...
The issue at stake in this case involves Gail Wynn's appeal of a magistrate court decision that found her in contempt for failing to respond to post-judgment discovery, with Patterson seeking dismissal of Wynn's...
The issue in this case centers on Elizabeth Jordan's pro se notice of appeal, filed after she was represented by counsel when she should have been unrepresented due to attorney withdrawal. The trial court had...
The issue and key facts involve Tyrone Eric Taylor-Shorter's challenge to a child support order entered by the trial court, with the Georgia Department of Human Services pursuing the action on behalf of his minor child...
Madelene Kinsler appealed a magistrate court order in a dispossessory action to the superior court after being found entitled to possession of property and a monetary judgment for past-due rent, but failed to follow...
The issue and key facts are that Sandra Capouch filed an appeal after the trial court granted defendants' motion to dismiss her complaint, which was filed outside the 30-day time limit for filing a notice of appeal...
The issue in this case centers on whether Andrew Heaner has a right to appeal a bench trial judgment against him, which was entered without resolving all claims pending in the action or obtaining a certificate of...
MFM Holdings sued Andrew Heaner on a guarantee of an unpaid promissory note, with Rambo 1, LLC also being named as a defendant in breach of contract claim, after Rambo 1's product suppliers filed for bankruptcy and the...
The issue and key facts involve Realistry Acquisitions, LLC's dispossessory proceedings against Michael Richardson and Viola Garris, which were dismissed by a magistrate court and later upheld by a superior court. The...
The issue in this case involves Wayne Bridges' attempt to appeal a magistrate court's order in favor of his landlord, Mirador at Idlewood, LLC, which was entered on March 6, 2026. The application for discretionary...
The issue at stake in this case involved Robert Stafford's attempt to appeal a magistrate court decision granting a writ of possession for a property he occupied as sole member of Icon Studios, LLC, which had a lease...
The issue in this case involved defendant Nichelle Taylor's motion to set aside a final judgment entered by the trial court in favor of plaintiff Krystal Padilla, which was denied by the trial court and now being...
The issue and key facts in this case involve Brian Jackson, who owns property on West Wesley Road, seeking permission from the City of Atlanta to cut down certain trees due to his insurer's demand, but having them...
The issue in this case centered on whether Susanne E. Krupa's notice of appeal was timely filed after a final judgment of divorce was entered against her, with Timothy E. McLane arguing that the Georgia Court of...
Felissa Grissett sought to appeal a trial court's dismissal of her petition for a temporary protective order against Patricia Williams, which was filed 42 days after the original order. The Court of Appeals lacks...
The issue at hand is whether Sharon Jackson's petition under the Equitable Caregiver Statute, OCGA § 19-7-3.1, meets the statutory requirements for establishing a bonded relationship with her children after marrying...
The issue and key facts are that Jerry Bunn was sued by Kevin Davis and Krystal Bunn for his daughter Abby's dog biting their minor child, Bryce, at a party at Jerry's home. The trial court granted summary judgment in...
The issue and key facts: The mother of a four-month-old child appeals the order awarding permanent guardianship to her paternal grandmother after the juvenile court found that reunification services were not in the...
The issue and key facts are that the City of Tucker enacted an ordinance requiring businesses offering coin-operated amusement machines (COAMs) to be licensed and comply with distance restrictions from churches, and...
The issue and key facts are that Chuka Anene filed an application for discretionary review of a divorce judgment more than 30 days after the order was entered, violating Georgia law. As a result, the court lacks...
The issue in this case was whether Ergin Tek had properly followed the interlocutory appeal procedures to obtain appellate review, given that the trial court's order on damages remained pending. The key facts included...
The issue at hand was whether plaintiff Ricky R. Franklin's failure to file an application for discretionary review after a trial court ordered him to pay $14,354.50 in attorney fees under OCGA § 9-15-14(b) deprived...
Jeremy Knowles, proceeding pro se, filed an emergency motion to stay enforcement of a trial court's final order pending appellate review, claiming an appeal was pending before the Court of Appeals, but no notice of...
The issue and key facts are as follows: Leon Franseco Benjamin filed a pro se petition seeking to proceed in forma pauperis, but it was rejected by the Gwinnett County Superior Court without a written order; he then...
Olufeyijimi Awofadeju appealed a divorce judgment after failing to follow the proper discretionary appeal procedure for domestic relations cases, which requires an application to be filed with the court before a direct...
Russell Carl Nast filed an appeal from a divorce order confirming an arbitration award, arguing that the trial court erred in granting the divorce. Lauren Nast's motion to dismiss the appeal was granted because the...
The issue and key facts are as follows: Plaintiff's Counsel failed to disclose a post-mortem analysis of Annie Bridges' pacemaker, which was relevant to the case, and instead waited until after the verdict to reveal...
The issue and key facts involve a tax deed sale where Real Dream failed to pay required taxes, and Monarch acquired the property in a tax sale for $22,745.04; Monarch published a notice informing all persons with a...
Amanda Falkner challenged the trial court's order enforcing a settlement agreement with Kaylee Gilliland, James Gilliland, and Kristin Livingston West after they failed to accept her offer to settle. The Georgia Court...
The issue and key facts are that Smart Venture Capital, LLC was sued by River Mansions Property Association, Inc. for damages and foreclosure, but was not properly served with process, leading to a default judgment...
The issue and key facts in this case are that Kentay Smith, a parent, appealed a trial court order that denied his motion for contempt and granted Kyra Long's request to keep her address confidential, which was entered...
The issue and key facts are that Reginald Charles Harvey filed a complaint against U.S. Nature-Invest Holdings, LLC, alleging wrongful filing of liens and conveyance documents on his real property, and the trial court...
The issue in this case centers on whether Crandall Postell, a great-grandchild of the decedent, had the right to file a timely notice of appeal despite being represented by attorney Daniel Wilder throughout the probate...
The issue in this case involved Chinh Vo's motion to set aside a final judgment entered by the trial court in favor of Bellmore Park Homeowners Association, Inc., after the trial court denied his motion. The appeal was...
The issue and key facts involve Trimen Enterprises, Inc.'s appeal from a trial court ruling that granted default judgment against it in a case involving multiple parties and claims, with some claims still pending. The...
The issue and key facts in these domestic relations proceedings involved the trial court's order finding Randy Harling, Jr. in contempt and awarding Laquinta N. Carter $5,005 in attorney fees, with both parties...
The issue in this case involved Randy Harling, Jr.'s appeal of an order awarding his ex-wife Laquinta N. Carter $5,005 in attorney fees, which was issued after he was found in contempt of court for actions and...
Scott Bolles appealed a trial court order awarding attorney fees to GEICO Indemnity Company under OCGA § 9-15-14, but failed to comply with the discretionary review procedure, which is jurisdictional. The appeal is...
The issue in this case was whether James Caparco's direct appeal from a magistrate court order was timely filed, given that he should have first sought discretionary review of the lower court decision under OCGA §...
The issue at stake in this case is whether sovereign immunity bars a lawsuit against Sheriff Patrick Labat, who is accused of improperly selling property through a lien sale. The plaintiff, Ralph Gershom LLC, claims...
The issue and key facts are that the Sandersville Railroad Company sought to condemn privately owned land for a new rail line, known as the "Hanson Spur," which would require a 200-foot swath across the landowners'...
The issue and key facts center around whether the Sandersville Railroad Company's proposed "Hanson Spur" amounts to a public use sufficient to justify condemnation, with the landowners arguing that it does not meet...
The issue at hand in this appeal is whether a defendant's request to proceed as an indigent was properly denied due to incomplete filings that failed to include required documents such as an affidavit of indigency and...
Kyle Ramsey's direct appeal from a trial court order granting Kristina Ramsey a twelve-month protective order was based on incorrect procedure, as he failed to file an application for discretionary appeal in the...