Weekly docket

Week of November 2, 2020

6 covered civil decisions filed from November 2, 2020 through November 3, 2020.

A20A1339 November 3, 2020 Vacated & Case Remanded

D D & D Family Properties, LLC v. R. David Wright

The legal issue involved whether a tender of funds was sufficient to redeem property from a tax sale when prior conduct suggested refusal. The Georgia Court of Appeals vacated the trial court's summary judgment because...

A20A0897 November 2, 2020 Reversed

Spencer Lambeth et al.. v. Three Lakes Corporation

The Georgia Court of Appeals held that the trial court erred in granting summary judgment to Three Lakes Corporation because genuine issues of material fact existed regarding TLC's breach of fiduciary duty and...

A20A0905 November 2, 2020 Vacated & Case Remanded

James A. Rafac v. Jiangsu Linhai Power Machinery Group Corporation

The Georgia Court of Appeals held that the trial court erred by shifting the burden of proof regarding service of process from the defendant to the plaintiff. Therefore, the Georgia Court of Appeals vacated the trial...

A20A1243 November 2, 2020 Affirmed

Lora Alexa Burnham v. Michael Bruce Burnham

The legal issue was whether a provision in a separation agreement regarding living within 120 miles constituted a waiver of the right to seek child custody modification based on one party's relocation. The Georgia...

A20A1474 November 2, 2020 Affirmed In Part/Reversed In Part

Trico Environmental Services, Inc. v. Knight Petroleum Company et al..

The Georgia Court of Appeals reversed the trial court's summary judgment on Trico Environmental’s breach of warranty claim but affirmed its orders regarding breach of contract, negligent misrepresentation, and tortious...

A20A1576 November 2, 2020 Reversed

Billy M. Faulkner et al.. v. Sonia L. Crumbley et al..

The legal issue was whether the county ordinance regarding stray livestock preempted state law under Section 6-34 of the Jasper County Code of Ordinances. The Georgia Court of Appeals reversed the trial court's denial...

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