Weekly docket

Week of June 5, 2023

17 covered civil decisions filed from June 5, 2023 through June 9, 2023.

A23A0020 June 9, 2023 Affirmed

Atlantic Star Foods, LLC v. Mark Burwell

The Georgia Court of Appeals held that the trial court properly exercised its discretion by not declaring an impasse or mistrial after a jury reached a unanimous verdict on punitive damages. The Georgia Court of...

A23A0584 June 8, 2023 Reversed

Deaunte Paris v. City Of Atlanta

The legal issue is whether a municipal court has jurisdiction to bind over a case for state law offenses when no evidence supporting those charges has been presented. The Georgia Court of Appeals reversed the Superior...

A23A0374 June 7, 2023 Affirmed

Kudzu Capital, LLC v. City Of Decatur

The legal issue was whether a county or municipality has an obligation to open an undeveloped road. The Georgia Court of Appeals affirmed the jury's verdict because it found no error in the trial court's handling of...

A23A0403 June 7, 2023 Affirmed

Westley Cagle v. Portfolio Recovery Associates, LLC

The Georgia Court of Appeals affirmed the trial court's denial of class certification because Cagle failed to establish numerosity by offering only speculative evidence regarding the number of potential class members....

A23A0486 June 7, 2023 Vacated & Remanded With Direction

Chelsea Finch v. Justin Walden

The Georgia Court of Appeals held that the trial court erred by failing to enter required findings of fact and conclusions of law in a contested child custody matter because Finch's counsel made a timely oral request....

A23A0568 June 7, 2023 Affirmed

Kyron Leslie v. 1125 Hammond, LP et al.

The Georgia Court of Appeals held that there were no remaining fact issues regarding tenant Leslie's claims for failure to accommodate because the apartment complex granted his requests. The Georgia Court of Appeals...

A23A0612 June 7, 2023 Affirmed

Brenazia Holt v. Stephen Rickman et al.

The legal issue was whether emotional distress claims are barred by Georgia's impact rule when no physical injury results from a negligent act. The Georgia Court of Appeals affirmed summary judgment, holding that...

A23A0096 June 6, 2023 Dismissed

FREDERICK C. LOW et al v. VIRGINIA JACOBS et al

The Georgia Court of Appeals dismissed the Lows' direct appeals because they failed to follow proper discretionary appellate procedures when challenging rulings that included both summary judgment and attorney fees....

A23A0208 June 6, 2023 Affirmed In Part/Vacated/Remanded In Part

Taleatha Williams F/K/A Taleatha Silvers v. Michael Silvers

The Georgia Court of Appeals affirmed part of the trial court's decision regarding child custody modification but vacated and remanded the dismissal of the mother's contempt claim against the father. The Court held...

A23A0336 June 6, 2023 Reversed And Remanded

Hardie Davis, Jr., Mayor Of Augusta v. The Augusta Press

The Georgia Court of Appeals reversed the trial court's judgment because it prematurely entered a final decision without providing Davis an opportunity to respond fully. The Augusta Press is remanded for additional...

A23A0510 June 6, 2023 Affirmed

In Re: James Edward Wheeler

The Georgia Court of Appeals held that because there was credible testimony regarding alienation and acrimony between parties, a neutral third-party guardian should be appointed instead of Wheeler's preference for...

A23A0520 June 6, 2023 Affirmed In Part/Reversed In Part

Friendship Enterprises, Inc. v. Brett Hasty

The Georgia Court of Appeals held that Friendship Enterprises, Inc. was entitled to summary judgment on claims for premises liability, nuisance, and negligent training because no genuine issues of material fact existed...

A23A0613 June 6, 2023 Affirmed

Om Shiv 2007, LLC v. Varsha 6-1-73, LLC

The legal issue is whether a tenant must file an answer to an amended dispossessory affidavit when added as a party defendant. The Georgia Court of Appeals affirmed the trial court's ruling that because no order...

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