Weekly docket
10 covered civil decisions filed from July 11, 2016 through July 14, 2016.
The legal issue was whether the trial court properly granted judgment on the pleadings regarding property ownership based on incomplete pleading defenses. The Georgia Court of Appeals reversed the judgment because...
The Georgia Court of Appeals held that summary judgment was appropriate on the breach of fiduciary duty claim because Avion failed to show a genuine issue of material fact regarding Bellomo's status as an agent. The...
The legal issue was whether the Cobb County trial court abused its discretion by disqualifying two of the defendant's lawyers based on certain grounds. The Georgia Court of Appeals affirmed the trial court's decision,...
The Georgia Court of Appeals held that the trial court erred in granting summary judgment for defendants on professional negligence claims because expert affidavits provided sufficient factual basis to support those...
The legal issue was whether the plaintiff's long-term knowledge of a television cable across her driveway negated liability for an injury caused by tripping over it. The Georgia Court of Appeals reversed the decision,...
The legal issue was whether a defendant's failure to object to a plaintiff's voluntary dismissal preserved their counterclaim under the Georgia Civil Practice Act in magistrate court proceedings. The Georgia Court of...
The Georgia Court of Appeals reversed the trial court's summary judgment on nuisance claims because expert testimony regarding increased impervious surfaces was sufficient to create a genuine issue of material fact for...
The Georgia Court of Appeals held that an insured's failure to give timely notice of a collision violates a mandatory insurance policy provision requiring notification "as soon as possible after an accident."...
The legal issue was whether an open pilot warranty provision in an insurance policy could be treated as an exclusion despite its location, and whether Wells Fargo acted as an agent of the insureds. The Georgia Court of...
The Georgia Court of Appeals held that the trial court correctly granted summary judgment because the lease's liquidated damages clause was an unenforceable penalty. This decision resulted from a review of the entire...
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