Monthly archive
98 summarized civil decisions from the Georgia Court of Appeals.
The legal issue involved whether the Court of Appeals had jurisdiction to review a magistrate court order because the application lacked a stamped "filed" copy of the order. The Georgia Court of Appeals DISMISSED the...
The legal issue was whether a direct appeal from a superior court decision reviewing a lower court decision was properly initiated. The Georgia Court of Appeals held that the appellant failed to follow the proper...
The legal issue involved whether the Georgia Court of Appeals had jurisdiction over a pro se petition for a writ of mandamus after the trial court dismissed the petition and the appellant filed a notice of appeal...
The legal issue is whether the probate court properly issued an order clarifying the year's support amount without providing required notice of an amendment. The Georgia Court of Appeals held that the probate court...
The legal issue involved whether a trial court could hold a non-party in contempt for failing to identify herself when directed to do so by the court. The Georgia Court of Appeals REVERSED the trial court's finding of...
The legal issue involved whether the trial court erred by ignoring an incarcerated parent's request to attend a final hearing because the parent failed to submit a proposed production order. The Georgia Court of...
The legal issue is whether an incarcerated father has the right to a direct appeal for a ruling on visitation rights. The Georgia Court of Appeals held that the application for discretionary appeal was untimely, and...
The legal issue involved Valer Caldwell's application for discretionary review of a magistrate court order, which was dismissed due to lack of jurisdiction and waiver of appellate rights. The Georgia Court of Appeals...
The legal issue involved whether an appeal was premature because the trial court had not entered a final judgment or complied with interlocutory appeal requirements. The Georgia Court of Appeals held that because no...
Sadie Evans appealed a trial court order dismissing claims based on sovereign immunity and the statute of limitations. The Georgia Court of Appeals dismissed the appeal because the trial court order was not final and...
The legal issue involved whether the trial court improperly shifted the burden of proof regarding the amount of damages in a conversion suit involving commingled funds. The Georgia Court of Appeals vacated the damages...
Spray Properties appealed the trial court's denial of summary judgment regarding the installation of smoke detectors prior to a fire. The Georgia Court of Appeals REVERSED the decision because the record contained...
The legal issue involved whether plaintiffs had standing and whether RedSpeed violated statutes regarding automated traffic enforcement safety devices in school zones. The Georgia Court of Appeals affirmed the trial...
The legal issue involved whether the evidence supported the jury's verdict regarding interference with property use and enjoyment. The Georgia Court of Appeals held that there was no evidentiary basis for the jury's...
The legal issue involved whether plaintiffs had standing and whether RedSpeed violated statutes regarding automated traffic enforcement safety devices in school zones. The Georgia Court of Appeals affirmed the trial...
The legal issue involved whether the insurer was subject to minimum coverage requirements under the Reparations Act despite the policy not offering bodily injury coverage. The Georgia Court of Appeals AFFIRMED the...
The legal issue involved an emergency motion for extension and acceptance of a discretionary appeal application filed outside the required 30-day window. The Georgia Court of Appeals DENIED the motion because the...
The matter presented the legal issue described in the court's opinion. The Georgia Court of Appeals denied relief in the matter.
The legal issue involved whether Cheree Woolfalk had a right to appeal a magistrate court order regarding a settlement agreement. The Georgia Court of Appeals held that Woolfalk lacked jurisdiction because her...
The legal issue involved a timely discretionary appeal from a magistrate court judgment seeking a writ of possession and past-due rent, but the Court of Appeals lacked jurisdiction because the order had not been...
The legal issue involved whether an application for discretionary review of a magistrate court writ of possession was properly filed given jurisdictional requirements and time limits. The Georgia Court of Appeals held...
The legal issue involved a contract dispute where a jury found all parties in breach, but the appellate court found procedural deficiencies in the record. The Georgia Court of Appeals REMANDED the case so the trial...
The legal issue involved whether the trial court correctly interpreted the statute regarding the permanence of consent anti-stalking protective orders to justify awarding attorney fees. The Georgia Court of Appeals...
The legal issue involved whether the trial court correctly interpreted the statute regarding the permanence of consent anti-stalking protective orders to justify awarding attorney fees. The Georgia Court of Appeals...
The legal issue involved whether a superior court had subject matter jurisdiction to hear a dispute over the validity of a will and deed, which the trial court had ruled invalid. The Georgia Court of Appeals held that...
The legal issue was whether the trial court's award of attorney fees under OCGA § 9-15-14(b) was supported by sufficient particularized findings. The Georgia Court of Appeals VACATED the award and REMANDED the case...
Carson Blackwell sought review regarding a dispute over property deeds and standing after a bench trial. The Georgia Court of Appeals affirmed the trial court's judgment, finding sufficient evidence to support the...
Milford Washington sought a writ of mandamus to compel the clerk to assemble and transmit an appellate record, but the petition was dismissed because the proper procedure requires seeking such relief in the superior...
The legal issue involved whether discretionary review was appropriate for orders regarding supersedeas bonds in garnishment cases where direct appeals were pending. The Georgia Court of Appeals granted the...
The legal issue involved whether discretionary review was appropriate for orders regarding supersedeas bonds in garnishment cases where direct appeals were pending. The Georgia Court of Appeals granted the...
The legal issue involved Alexander's appeal following a breach of contract judgment, where the appellant failed to file a discretionary application. The Georgia Court of Appeals held that the appellant's failure to...
The legal issue involved whether the trial court's order granting default judgment was final and appealable. The Georgia Court of Appeals held that because the trial court reserved issues for later hearing, the appeal...
The legal issue involved Catherine Corkren appealing the denial of summary judgment in a suit for violations of the Georgia Open Meeting Act, specifically concerning the proper procedure for an interlocutory appeal....
The legal issue involved whether the contractual indemnification provision applied when an injury occurred due to a dispute over whether a fan was re-energized during a worker's pressure washing. The Georgia Court of...
James Heard appealed a jury verdict, arguing procedural errors regarding the jury oath and a mistrial denial. The Georgia Court of Appeals affirmed the verdict, finding no jurisdictional defect in the oath...
The legal issue involved whether the trial court correctly dismissed claims against the California State Teachers’ Retirement System based on sovereign immunity and service of process. The Georgia Court of Appeals...
Francis X. Moore applied for discretionary review of a writ of possession order, but the Court of Appeals found his claims meritless because they were previously raised and dismissed in a prior case. The Georgia Court...
The legal issue is whether the rule adding three days to a filing period applies to renewal actions, specifically concerning the trigger for that rule. The Georgia Court of Appeals held that the rule does not apply...
The legal issue involved the Mother challenging the trial court's order regarding child custody and support modifications, specifically concerning holiday visitation and child support calculations. The Georgia Court of...
The legal issue involved an application for discretionary review of a magistrate court default judgment regarding a dispossessory action. The Georgia Court of Appeals held that it lacked jurisdiction to address the...
The legal issue is whether a trial court's refusal to exercise jurisdiction over a custody dispute under the UCCJEA is subject to direct appeal. The Georgia Court of Appeals holds that the trial court's order is...
Blair Huntley sued Onika Miller for personal injury and attorney fees, arguing that Miller acted in bad faith regarding the collision. The Georgia Court of Appeals REVERSED the judgment, finding sufficient evidence to...
The legal issue involved whether the trial court abused its discretion in denying an interlocutory injunction to enforce non-compete agreements after physicians departed. The Georgia Court of Appeals held that the...
The legal issue involved the jurisdiction of the Court of Appeals over a settlement motion pending in the Probate Court following an appeal of a probate court order. The Georgia Court of Appeals REMANDED the proceeding...
Danny Dunn sought a writ of mandamus compelling a judge's recusal based on prior filings, but the Court of Appeals held that the petition lacked jurisdiction because no appeals were pending and the applicant improperly...
The legal issue involved whether Lewis Brothers had a right of direct appeal concerning a trial court's denial of a motion for new trial on damages following a default judgment. The Georgia Court of Appeals held that...
The legal issue involved whether the appellant's notice of appeal was timely filed given the procedural history of motions for reconsideration and extensions. The Georgia Court of Appeals held that because the notice...
The legal issue involved whether the trial court erred in granting an interlocutory injunction and ordering expedited discovery. The Georgia Court of Appeals vacated the trial court's order granting the injunction and...
The legal issue is whether the medical malpractice action was timely filed considering the statute of repose and bankruptcy tolling. The Georgia Court of Appeals AFFIRMED the trial court's dismissal, finding the action...
The legal issue involved whether Romulus Investments owed a duty to protect a tenant from a tree hazard on a neighboring property under the lease and statute. The Georgia Court of Appeals REVERSED the trial court's...
The legal issue was whether the Authority's immunity from tort claims was waived under the Georgia Tort Claims Act given the enabling legislation. The Georgia Court of Appeals REVERSED the trial court's denial of the...
Milan Macek sought a writ of mandamus against a superior court judge regarding a petition related to an ADA accommodation request. The Georgia Court of Appeals held that the petition was moot because the superior court...
The legal issue involved an application for discretionary review of a trial court order denying a third-party claim, which was dismissed because the required interlocutory appeal procedure had not been followed. The...
The legal issue involved a discretionary appeal from a magistrate court judgment where the applicant failed to provide a stamped copy of the order. The Georgia Court of Appeals held that it lacked jurisdiction because...
The legal issue involved Jasmine Davis's timely application for discretionary appeal from a magistrate court judgment regarding a writ of possession, which the Court of Appeals determined lacked jurisdiction. The...
The legal issue involved a prisoner's direct appeal for a writ of mandamus after a trial court dismissed the petition, which was challenged on jurisdictional grounds related to procedural requirements. The Georgia...
The legal issue involved petitioners seeking a writ of mandamus to compel the trial court to rule on motions to supplement the appellate record and transmit transcripts. The Georgia Court of Appeals held that there was...
Derrick B. Jackson sought an order compelling the trial court clerk to transmit a record, alleging ineffective prior mandamus petitions. The Georgia Court of Appeals held that the petitioner failed to show the mandamus...
The legal issue involved whether an application for discretionary review of a magistrate court order was timely filed and whether the applicant waived her rights by consenting to the judgment. The Georgia Court of...
The legal issue involved the timeliness of an application for discretionary review following a state court dismissal based on a failure to properly serve lower judicatory. The Georgia Court of Appeals held that the...
The legal issue involved Teruko Alston's application for discretionary review of a magistrate court consent order, which the Court of Appeals determined was untimely filed and waived due to consent. The Georgia Court...
The legal issue involved Shiana Carrington's application for discretionary appeal following a magistrate court consent order regarding past due rents and a writ of possession. The Georgia Court of Appeals held that...
The legal issue involved whether the plaintiffs had jurisdiction to appeal the trial court's orders regarding void materialman's liens and cancellation of those liens, given that multiple claims remained pending. The...
The legal issue involved whether Kenkam, LLC could appeal trial court orders regarding settlement enforcement and default judgment when final judgments had not been entered. The Georgia Court of Appeals held that...
The legal issue involved whether the Hiddlesons could seek a stay on a trial court order requiring a supersedeas bond after a final judgment was entered. The Georgia Court of Appeals DENIED the emergency motion because...
The legal issue involved whether a timely application for discretionary review was filed in a dispossessory proceeding. The Georgia Court of Appeals hereby GRANTED the application for discretionary review.
The legal issue is whether a trial court order denying a family violence temporary protective order involving child custody is subject to direct appeal. The Georgia Court of Appeals hereby GRANTED the discretionary...
The legal issue involved whether a direct appeal from a superior court decision reviewing a lower court ruling was properly initiated by the appellant. The Georgia Court of Appeals held that Hilley failed to follow the...
The legal issue involved multiple piecemeal appeals concerning the custody of minor children stemming from orders in related cases, complicated by incomplete trial court records. The Georgia Court of Appeals REMANDED...
The legal issue involved multiple piecemeal appeals stemming from orders regarding the custody of minor children, complicated by incomplete records from the trial court. The Georgia Court of Appeals REMANDED all six...
The legal issue involved multiple piecemeal appeals concerning the custody of minor children stemming from orders in related cases, complicated by incomplete trial court records. The Georgia Court of Appeals REMANDED...
The legal issue involved multiple piecemeal appeals concerning the custody of minor children due to incomplete records from the trial court. The Georgia Court of Appeals REMANDED all six cases to the trial court for...
The legal issue involved multiple piecemeal appeals concerning the custody of minor children stemming from orders in related cases, complicated by incomplete trial court records. The Georgia Court of Appeals REMANDED...
The legal issue involved multiple piecemeal appeals concerning the custody of minor children stemming from orders in related cases, complicated by incomplete trial court records. The Georgia Court of Appeals REMANDED...
The legal issue involves whether a juvenile court properly informed a parent of their right to counsel before terminating parental rights. The Georgia Court of Appeals held that the court erred by failing to inform the...
The legal issue was whether the Court of Appeals had jurisdiction to hear an application for discretionary appeal from a magistrate court judgment due to a lack of jurisdiction. The Georgia Court of Appeals determined...
The legal issue involved a discretionary appeal from a magistrate court judgment regarding a writ of possession, which the Court of Appeals determined lacked jurisdiction. The Georgia Court of Appeals TRANSFERRED the...
The issue involved Elisabeth Callaham's application for discretionary review of a divorce decree, which was denied because she failed to follow the proper appellate procedure. The Georgia Court of Appeals DISMISSED the...
The legal issue involved a direct appeal from a trial court order incarcerating a party for contempt of a divorce decree, which required a discretionary appeal. The Georgia Court of Appeals held that the direct appeal...
The legal issue involved whether the Georgia Court of Appeals had jurisdiction over an appeal filed by Linda Williams after the trial court entered summary judgment and denied her motion for reconsideration. The...
The legal issue is whether a direct appeal from a divorce judgment is proper when a discretionary application is required under Georgia law. The Georgia Court of Appeals held that because a divorce case with child...
The legal issue involved a direct appeal by Tarpon Financial Corporation against a trial court judgment for a retail installment contract, which was dismissed due to a jurisdictional defect regarding the required...
The legal issue involved whether the trial court erred by denying Mason's strikes for cause and allowing apportionment of fault to a non-party. The Georgia Court of Appeals affirmed the verdict, finding no reversible...
The legal issue involved whether a state court could exercise jurisdiction over post-bankruptcy claims related to a property sale. The Georgia Court of Appeals affirmed the trial court's dismissal, holding that the...
Leon Fransceco Benjamin sought a writ of mandamus compelling the clerk to transmit appeal records, despite a scheduled hearing. The Georgia Court of Appeals dismissed the petition because it did not present an adequate...
The legal issue involved whether an application for discretionary review was timely filed following a trial court order finding a party in contempt. The Georgia Court of Appeals held that the application was untimely...
The legal issue involved whether an appeal from a probate court order was timely and proper given the pending nature of the underlying proceedings. The Georgia Court of Appeals held that the appellant lacked...
The legal issue involved a prisoner's direct appeal from a trial court's summary judgment dismissal after the trial court had already dismissed the prisoner's civil action. The Georgia Court of Appeals held that...
The legal issue involved whether a direct appeal could be filed after a trial court entered a default judgment for a claim under $10,000. The Georgia Court of Appeals held that failure to comply with the discretionary...
The legal issue involved whether Angelina Maria Cortez had jurisdiction to appeal a superior court decision after failing to pay rent into the registry of the court. The Georgia Court of Appeals held that because...
The legal issue involved whether a direct appeal was proper for an interlocutory order denying a motion to intervene in a child dependency proceeding. The Georgia Court of Appeals held that the appeal was not directly...
The legal issue is whether a failure to provide a required coverage affidavit by a specified deadline constitutes a condition of acceptance in a settlement agreement. The Georgia Court of Appeals vacated the trial...
Kimberlee Sullivan sought to set aside deeds and challenged a trial court order denying a motion for default judgment. The Georgia Court of Appeals dismissed the appeal because the prior ruling was binding under the...
The legal issue is whether a binding settlement existed when a party provided written acceptance of material terms under the offer-to-settle statute, despite failing to meet all stipulated performance deadlines. The...
The legal issue involved determining vicarious liability for off-duty police officers when they pursue a suspect, and the Georgia Court of Appeals held that the officers were acting as public police officers. The...
The legal issue involved whether the parties' disputes related to the arbitration agreement and whether the trial court improperly passed on the merits of the claims. The Georgia Court of Appeals reversed the trial...
The legal issue involved whether an appeal was premature because the trial court had not entered a final judgment in a case with multiple claims. The Georgia Court of Appeals held that without compliance with specific...
The legal issue involved whether the trial court lacked subject-matter jurisdiction to modify a child support order under the Uniform Interstate Family Support Act. The Georgia Court of Appeals REVERSED the trial...