Monthly archive
74 summarized civil decisions from the Georgia Court of Appeals.
The legal issue involved Detre Riley's attempt to seek discretionary review of a default judgment from a Magistrate Court, which was based on an argument that jurisdiction existed under Georgia law. The Georgia Court...
The legal issue involved Barry Gregory's attempt to seek discretionary review of a magistrate court judgment after consenting to it, which was filed past the jurisdictional deadline. The Georgia Court of Appeals held...
The legal issue involved Teyunia Burley's direct appeal following a trial court judgment against her, specifically concerning the timing of her application for discretionary review. The Georgia Court of Appeals held...
The legal issue involved whether appeals were proper when the trial court granted motions to dismiss in a case with multiple defendants and claims, as no final judgment had been entered. The Georgia Court of Appeals...
The legal issue involved whether appeals were proper when the trial court granted motions to dismiss in a case with multiple defendants and claims, as no final judgment had been entered. The Georgia Court of Appeals...
Doris Campbell sued for negligence after her mother was attacked by Clinton Taylor and sought summary judgment based on assumption of risk. The Georgia Court of Appeals affirmed the trial court's decision because the...
The legal issue involved whether the Court of Appeals had jurisdiction to review a magistrate court order regarding a writ of possession and rent award. The Georgia Court of Appeals determined that it lacked...
The legal issue involved William Rudd's direct appeal against a superior court order setting aside summary judgment because the judgment amount was below the statutory threshold requiring discretionary review. The...
Rahama Khatu sued for damages related to a used car becoming inoperative within four days of purchase, seeking relief beyond a dismissal under Georgia's Lemon Law. The Georgia Court of Appeals held that because the...
The legal issue involved whether the Court of Appeals had jurisdiction to review a magistrate court judgment based on procedural rules regarding appeals from such orders. The Georgia Court of Appeals determined it...
The legal issue involved whether a protective order was subject to discretionary review based on its nature, as Ashley Tatum sought an order against Paris Bennett-Stroud following a petition filed by Tatum. The Georgia...
The legal issue involved whether an application for discretionary appeal from a magistrate court dispossessory judgment was timely filed, given that Newson filed it sixty-one days after the trial court's order and had...
The legal issue involved whether an application for discretionary review of a magistrate court's dispossessory order was timely filed, as appellate jurisdiction is limited by statutory timeframes. The Georgia Court of...
Buddy Lamar Baggett, Jr. sought to set aside a divorce decree and hold his wife in contempt after the trial court denied his requests. The Georgia Court of Appeals held that Buddy's failure to follow the required...
The legal issue involved whether an appeal was premature due to the trial court's failure to rule on a counterclaim, which required compliance with specific interlocutory appeal procedures. The Georgia Court of Appeals...
The legal issue involved whether an appeal from a trial court's denial of a motion to set aside a judgment was properly initiated under Georgia appellate procedure. The Georgia Court of Appeals held that because the...
The legal issue involved whether an appeal was timely filed following a trial court's dismissal concerning allegations that the Atlanta Humane Society adopted out a dog without scanning for a microchip. The Georgia...
The legal issue involved whether an application for interlocutory review could be granted when a trial court dismissed a properly filed direct appeal. The Georgia Court of Appeals held that because the dismissal order...
The legal issue involved an appeal by Micah Carty seeking discretionary review after a Georgia Department of Labor Board of Review disqualified him from unemployment insurance benefits. The Georgia Court of Appeals...
The legal issue involved whether Frederick Lambandrake's appeal was timely filed given prior proceedings, specifically concerning the requirement to file a discretionary application for review under OCGA §...
The legal issue was whether the probate court erred by dismissing a guardianship termination petition due to the lack of an affidavit as required by OCGA § 29-4-42 (b). The Georgia Court of Appeals held that because...
The legal issue involved whether a trial court's final judgment was directly appealable under OCGA § 5-6-34(a)(1) despite the existence of an arbitration award. The Georgia Court of Appeals held that because the order...
The legal issue involved Champion's application for discretionary appeal concerning an unresolved petition for contempt following a divorce decree. The Georgia Court of Appeals dismissed the application because it was...
The legal issue involved whether an application for discretionary review was sufficient to grant jurisdiction when a motion for new trial remained pending in the trial court. The Georgia Court of Appeals held that...
The legal issue involved whether the direct appeal was proper given that the trial court denied a petition for legitimation, which also included requests for custody and visitation. The Georgia Court of Appeals...
The legal issue involved a motion to disqualify counsel on appeal following a trial court custody order. The Georgia Court of Appeals REMANDED the case to the superior court to hold hearings and make findings regarding...
The legal issue involved whether the direct appeal was properly filed given that the probate court had not yet ruled on requests for an accounting or attorney fees. The Georgia Court of Appeals held that because Roe...
The legal issue involved whether the shooting incident at a fraternity party was reasonably foreseeable to Omega and Thunder LLC, leading to claims of negligence. The Georgia Court of Appeals held that the evidence did...
The legal issue involved whether the shooting incident at a fraternity party was reasonably foreseeable to Omega and Thunder LLC, leading to claims of negligence. The Georgia Court of Appeals held that the evidence did...
The legal issue involved an application for discretionary review following a superior court dismissal due to failure to pay rent, which was filed outside the required seven-day deadline. The Georgia Court of Appeals...
The legal issue involved whether a direct appeal from a trial court's denial of a motion for a new trial was proper given the required discretionary review procedure. The Georgia Court of Appeals held that because the...
The legal issue involves Lamont Howard's petition for mandamus after failing to follow proper procedure for invoking the Court of Appeals' original mandamus jurisdiction. The Georgia Court of Appeals holds that Howard...
The legal issue involved whether a claim alleging medical malpractice required an expert affidavit under OCGA § 9-11-9.1 for claims involving professional judgment. The Georgia Court of Appeals affirmed in part and...
The legal issue involved whether the superior court had jurisdiction over Skyler Lupton-Smith's claims against Herrera regarding her father's estate administration. The Georgia Court of Appeals vacated the superior...
The legal issue involved Davonna Darrell's application for discretionary review of a magistrate court judgment, which was deemed untimely because it was filed more than seven days after the order. The Georgia Court of...
The legal issue involved a petition for a writ of habeas corpus denied by the trial court and subsequently denied by the Supreme Court regarding jurisdiction over such matters. The Georgia Court of Appeals held that it...
The legal issue involved whether an appeal was properly filed given prior rulings by a trial court and superior court, which determined that direct appeals were not permitted in this procedural history. The Georgia...
The legal issue involved whether a limited release absolved the Cantrells when an LLC's commercial auto policy might cover injuries. The Georgia Court of Appeals held that the Cantrells failed to meet their burden of...
The legal issue involved whether a landlord could obtain summary judgment when the tenant failed to respond to discovery requests after being served at their last known address. The Georgia Court of Appeals held that...
The legal issue involved whether the Superior Court's dismissal of a mandamus petition seeking access to election day activities violated OCGA § 21-2-408.1, potentially falling under the Supreme Court’s exclusive...
The legal issue involved whether the Superior Court's dismissal of a mandamus petition seeking access to election day activities violated OCGA § 21-2-408.1, potentially falling under the Supreme Court’s exclusive...
The legal issue is whether a plaintiff's failure to include an expert affidavit in a complaint bars dismissal when ordinary negligence can be alleged instead of professional malpractice. The Georgia Court of Appeals...
Kathryn Dressler sought mandamus relief regarding superior court orders concerning child custody, but the petition was dismissed because it lacked a connection to an appeal or impending appeal. The Georgia Court of...
The legal issue involved whether a party who initiates an immediate appellate review commits a procedural default fatal to their appeal, which is governed by Supreme Court precedent. The Georgia Court of Appeals held...
The legal issue involved whether Jimmy Little, Jr.'s direct appeal over a superior court order reviewing an administrative law judge's decision was properly filed under the required discretionary appeal procedure. The...
The legal issue involved whether an appeal was premature because the trial court granted only a partial judgment on the pleadings while other claims remained pending. The Georgia Court of Appeals held that without...
The legal issue involved Linda Faye Hagans' attempt to transfer her foreclosure case to business court without paying fees, leading to an appeal regarding interlocutory procedures. The Georgia Court of Appeals held...
The legal issue involved whether Tommy Siebert had jurisdiction to appeal a superior court decision reviewing a magistrate court judgment without first filing an application for discretionary review. The Georgia Court...
The legal issue involved an application for discretionary review of a Magistrate Court judgment due to lack of jurisdiction, which was addressed by considering constitutional provisions regarding court transfers. The...
The legal issue involved whether an application for discretionary appeal was timely filed given that a trial court had already dismissed the complaint with prejudice. The Georgia Court of Appeals held that the...
The legal issue involved a direct appeal following a juvenile court's denial of a new trial motion concerning an order terminating parental rights for a child. The Georgia Court of Appeals held that the direct appeal...
The legal issue involved whether an appeal could be taken over orders issued by a probate court when a petition for discharge remained pending in that same court. The Georgia Court of Appeals held that because Fordham...
The legal issue involved whether an appeal was timely filed after a final order and whether denying a motion for reconsideration extended that time. The Georgia Court of Appeals held the appeal was untimely because it...
The legal issue involved whether Katrina Sarah Addy could file a direct appeal after a trial court order granted a default judgment but reserved a damages hearing. The Georgia Court of Appeals held that because no...
The legal issue involved whether an appeal could be brought after a trial court denied a motion to vacate a judgment due to lack of jurisdiction over the person or subject matter in a child support case. The Georgia...
The legal issue involved whether Korey Maddox had jurisdiction to appeal a superior court decision reviewing a magistrate court judgment without first filing an application for discretionary review. The Georgia Court...
The legal issue involved whether Elaine Turner had jurisdiction to appeal a decision denying her unemployment benefits after the superior court affirmed the Board's denial. The Georgia Court of Appeals held that the...
The legal issue involved whether a direct appeal was proper for an order granting summary judgment in a credit card dispute where the judgment amount was under $10,000. The Georgia Court of Appeals held that because...
The legal issue involved Teyunia Burley's appeal from a final judgment against her in an amount under $10,000 and whether she properly filed a discretionary application for appeal. The Georgia Court of Appeals held...
The legal issue involved whether Gary James lacked jurisdiction to appeal because he failed to comply with required interlocutory appeal procedures. The Georgia Court of Appeals held that compliance with these...
The legal issue is whether a case automatically dismisses under Georgia's five-year rule when a motion for attorney fees is pending after a prior judgment. The Georgia Court of Appeals held that the five-year rule...
Joseph Daniel Fincher sought an order compelling immediate release through a mandamus petition, which was transferred to the Court of Appeals after being initially filed in superior court. The Georgia Court of Appeals...
Rasheed Ritter petitioned for a writ of mandamus seeking relief in the appellate court, but he failed to follow the proper procedure by not first filing in the superior court. The Georgia Court of Appeals DISMISSED the...
The legal issue involved an application for discretionary appeal from a magistrate court judgment due to lack of jurisdiction, as the Court of Appeals determined it lacked jurisdiction to consider the matter. The...
The legal issue involved whether an appeal was timely filed following a superior court decision regarding a magistrate court dispossessory judgment. The Georgia Court of Appeals held that the direct appeal was improper...
The legal issue involved whether Eddie Henderson, Jr.'s appeal in a garnishment action was properly initiated under the required discretionary review procedure. The Georgia Court of Appeals held that because the...
The legal issue involved whether Te'Andre Edison had jurisdiction to appeal a direct appeal after failing to follow the required discretionary application procedure. The Georgia Court of Appeals held that because...
The legal issue involved whether an appeal for damages under $10,000 required a discretionary review application before proceeding with the appeal. The Georgia Court of Appeals held that compliance with this...
The legal issue involved whether John Curry could seek discretionary review for an order denying a motion to vacate a void judgment and award attorney fees under the anti-SLAPP statute, given that such judgments are...
The legal issue involved whether the applicants had the right to appeal the trial court's termination of a guardianship and conservatorship after challenging its denial of a motion to set it aside. The Georgia Court of...
The legal issue is whether a hearing held more than thirty days after a petition was filed satisfies the statutory requirement for holding a hearing under the Family Violence Act. The Georgia Court of Appeals REVERSED...
The legal issue was whether Tony Ware could appeal trial court orders correcting clerical errors and setting a briefing schedule after obtaining a default judgment. The Georgia Court of Appeals dismissed the appeal...
The Georgia Court of Appeals dismissed Tony L. Ware's application for discretionary review because he failed to comply with the required interlocutory appeal procedures. The Georgia Court of Appeals held that...
Gregory King applied for discretionary review of a trial court's protective order against him based on stalking under OCGA § 16-5-94. The Georgia Court of Appeals granted the application because the lower court's order...