486 results for 'court:"Georgia Court of Appeals"'.
J. Pipkin finds that the trial court improperly ruled in favor of the contractor as to the individual's claim for general damages in a breach of contract action arising from the contractor's alleged failure to complete or properly perform tile work for the individual. The individual's testimony that the contractor failed to complete the tile work and improperly installed tiles was undisputed. However, the trial court correctly ruled in favor of the contractor on the individual's claim for consequential damages since the damages cannot be traced solely to the contractor's alleged breach. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: May 30, 2024, Case #: A24A0171, Categories: Damages, Contract
J. Markle finds that the trial court properly ruled in favor of the couple in a declaratory judgment action against the association arising from a dispute over whether the couple owed fees and assessments on property under a declaration. Since the association failed to appeal the trial court's denial of its motion to withdraw admissions, it has admitted that an amendment withdrew the couple's lots from the declaration and that they are not subject to the assessments and fees. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 29, 2024, Case #: A24A0244, Categories: Property, Contract
J. Markle finds that the trial court properly ruled in favor of the store in a negligence action brought by the customer arising from hand injuries she suffered while trying to pull a door closed. The customer had equal knowledge of the door's hazardous condition and had successfully used the door before her injury. The customer also knew that a store employee had suffered a hand injury while trying to close the same door and that the door was inoperable the day of the incident. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 29, 2024, Case #: A24A0347, Categories: Negligence, Premises Liability
J. Brown finds that the trial court properly convicted defendant of aggravated child molestation but incorrectly convicted defendant of two counts of child molestation. The child molestation convictions should have merged into a single count for sentencing because they were based on multiple touches to the victim during a single course of continuous conduct. The aggravated child molestation offenses do not merge with the child molestation offenses. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 29, 2024, Case #: A22A0838, Categories: Sentencing, Sex Offender, Child Victims
J. Brown finds that the trial court properly denied the owner's motion to dismiss a breach of contract action bought by the contractor but incorrectly denied the owner's motion to compel arbitration. The owner did not waive his right to arbitration by his conduct after the action was filed. The owner did not engage in substantial discovery before demanding arbitration. The trial court improperly entered a final money judgment in favor of the contractor in the amount of $100,000. The case is remanded for the trial court to compel the parties to submit to arbitration. Reversed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 29, 2024, Case #: A24A0348, Categories: Arbitration, Contract
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J. McFadden finds that the trial court improperly denied defendant's motion to suppress evidence found during a search of the data from the electronic control module in defendant's vehicle. Defendant was charged with vehicular homicide, reckless driving and other offenses. The trooper's affidavit did not show that probable cause existed to issue a search warrant for defendant's car. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: May 24, 2024, Case #: A24A0583, Categories: Search, Vehicular Homicide
J. Dillard finds that the trial court improperly awarded $584,000 in attorney fees and litigation expenses to the widow in an action against the city and public works employees arising from her husband's death in a vehicle collision. The trial court incorrectly applied a negligence standard to impose sanctions against the firm for failing to disclose a conflict of interest with respect to deposition testimony given by one of the public works employees and unnecessarily expanding the proceedings by improper conduct. The firm informed the trial court that it became aware of the conflict precluding it from representing the city and employees just before opening statements were to begin. The facts are not sufficient to support the award. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: May 24, 2024, Case #: A24A0159, Categories: Sanctions, Attorney Fees
J. Hodges finds that the trial court properly convicted defendant of family violence battery and correctly denied his motion for a new trial. Sufficient evidence was presented to support defendant's conviction and to show that defendant and the victim were members of the same household. Although the victim testified that she only slipped and fell, she told a police officer on the night of the incident that defendant hit her multiple times. The trial court correctly admitted into evidence defendant's prior conviction following his guilty plea to family violence battery against a different victim. The trial court correctly instructed the jury with respect to the prior conviction. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: May 23, 2024, Case #: A24A0174, Categories: Battery, Domestic Violence
J. Brown finds that the trial court improperly rejected the city's motion to dismiss an action brought by the driver arising from injuries she allegedly suffered after a city garbage truck hit her car. The driver's ante litem notice stated the approximate amount of her medical claims but did not state the specific amount of monetary damages she sought from the city. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 23, 2024, Case #: A24A0143, Categories: Civil Procedure, Negligence
J. Brown finds that the trial court properly denied the driver's motion to enforce a settlement agreement in an action brought by sisters seeking damages after the driver allegedly hit the sisters' father as he stood on the side of a highway, killing him. The trial court correctly found that the insurer rejected the sisters' settlement offer. The settlement check required an endorsement by the sisters, who live in Indiana, and their Georgia-based attorney, showing that the parties did not have a meeting of the minds. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 23, 2024, Case #: A24A1028, Categories: Settlements
J. Land finds that the trial court improperly dismissed the case charging defendant with DUI less safe and misdemeanor traffic offenses. The trial court failed to properly calculate the tolling period and incorrectly found that the statutes of limitation were violated. Covid-19 emergency orders tolled the statute of limitation from March 2020 until June 2021. The statute of limitations in defendant's case did not expire until after the accusations were filed against her. Reversed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: May 23, 2024, Case #: A24A0558, Categories: Criminal Procedure, Dui
[Consolidated.] J. Doyle finds that the trial court improperly granted permanent custody of the mother's children to the grandmother. Insufficient evidence was presented to support the custody award. The evidence does not show abandonment on the part of the mother or an inability to care for the children. Reversed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 23, 2024, Case #: A24A0061, Categories: Family Law
J. Gobeil finds that the trial court improperly dismissed the patient's negligence action against the clinic, doctor and medical assistant arising from injuries he suffered during a medical visit. The patient, a wheelchair user, fell while trying to move from his wheelchair onto a weighing machine. The patient was not required to file an expert affidavit to state a claim against the medical assistant, whose profession does not fall under any of the categories of professionals listed in the statute. The action could be read to state an ordinary negligence claim against the medical assistant. However, the trial court correctly dismissed the professional negligence claims against the doctor and the clinic. Reversed in part.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: May 21, 2024, Case #: A24A0073, Categories: Negligence
J. Watkins finds that the trial court improperly entered final judgment against the individual in a breach of contract and quantum meruit action brought by her former attorneys alleging that she owed unpaid attorney fees. The trial court incorrectly found that the attorneys' claims were not barred by the statute of limitation. Some of the amounts the attorneys sought to recover were not pursued within four years of accrual of the claim and the attorneys failed to show that the individual's partial payments revived the statute of limitation. Vacated.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: May 21, 2024, Case #: A24A0056, Categories: Attorney Fees, Contract
[Consolidated.] J. Markle finds that the trial court properly denied the restaurant's and security company's motions for summary judgment in a wrongful death and premises liability action brought by the wife after she was injured and her husband was killed in a shooting in the restaurant's parking lot. Genuine questions of fact exist as to whether or not the crime was foreseeable, whether increased security would have prevented the husband's death and whether the security company knew its services were necessary for protection. A jury must decide what the terms of the contract between the restaurant and the security company were. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 20, 2024, Case #: A21A1341, Categories: Wrongful Death, Premises Liability
J. Barnes finds that the trial court properly granted the insurer's motion for judgment on the pleadings in a declaratory judgment action brought by the widow alleging that a commercial general liability policy issued by the insurer to the other driver in the collision that fatally injured the husband provided coverage for the crash. The trial court correctly found that the policy excluded coverage for the collision. The automobile exclusion in the policy excluded coverage for any bodily injury that arose out of the use of the driver's vehicle. Affirmed.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: May 15, 2024, Case #: A24A0284, Categories: Insurance
J. Barnes finds that the trial court properly denied defendant's motion for a new trial on his convictions for armed robbery and other offenses arising from the theft of a pair of Yeezy limited edition sneakers. The trial court correctly admitted into evidence stipulations related to the search of defendant's home, security video obtained from the grocery store where the shooting occurred and audio and video recordings of police interviews with the victims. Defendant's counsel agreed to the written list of stipulations. The trial court correctly instructed the jury on the law of factual stipulations and on possession of a firearm during the commission of a felony. Affirmed.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: May 15, 2024, Case #: A24A0523, Categories: Robbery, Jury Instructions
J. Miller finds that the trial court properly denied defendant's motion to dismiss the battery and cruelty to children charges against him based on the alleged violation of defendant's speedy trial right. Defendant allegedly punched the victim in the face and bit off his ear. Although there has been a delay of over five years since defendant's arrest, the trial court correctly found that his right to a speedy trial was not violated since he did not invoke his right until years after his indictment and there is no evidence the state intentionally delayed prosecution. Much of the delay was due to the judicial emergency caused by the Covid-19 pandemic. Defendant contributed to the delay by waiving his right to a jury trial but later changing his mind. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: May 15, 2024, Case #: A24A0068, Categories: Battery, Speedy Trial
J. Mercier finds that the trial court properly convicted defendant of aggravated assault, burglary, battery, theft by taking and a firearm offense. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant entered one victim's home without permission, hid in a closet until both victims returned and confronted them with a gun belonging to one victim. The trial court correctly admitted into evidence text messages between the surviving victim and the deceased victim. The evidence was admitted under the residual exception to the rule against hearsay. Affirmed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: May 15, 2024, Case #: A24A0568, Categories: Burglary, Assault, Battery
J. Markle finds that the trial court properly convicted defendant of simple battery. The trial court correctly denied defendant's motion for immunity under the statute. Defendant claimed he was justified in slapping the victim in the face to defend his home and property. Defendant failed to show that he reasonably believed force was necessary. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 13, 2024, Case #: A24A0272, Categories: Battery
J. Doyle finds that the trial court properly denied defendant's motion for a new trial on his convictions for methamphetamine trafficking, fleeing or attempting to elude police, failure to maintain lane and abandonment of drugs in a public place. The trial court correctly denied defendant's pre-trial motion to dismiss on speedy trial grounds. Defendant was indicted in August 2021, filed his speedy trial demand in October 2021 and was tried in March 2022. The speedy trial deadline was tolled due to the judicial emergency declared during the Covid-19 pandemic. Defendant's indictment in a separate county and his speedy trial demand in that county both occurred during the emergency tolling period and the charges were dropped after the instant convictions. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 13, 2024, Case #: A24A0438, Categories: Drug Offender, Speedy Trial
J. Brown finds that the trial court improperly granted defendant's motion to suppress evidence of a breath sample produced during his third breath test which led to his DUI and failure to maintain lane charges. Although defendant gave three breath samples during state-administered breath tests, only two were adequate. The statute allowed the state to request the third test and the two samples are therefore admissible. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 13, 2024, Case #: A24A0705, Categories: Dui
J. Brown finds that the trial court properly denied Walmart's motion for a new trial after a jury found in favor of the shopper in a negligence action and awarded her $1 million in nominal damages. The shopper suffered injuries when two Walmart employees ran into her with a pallet jack. The damages award is not excessive. The jury awarded the shopper less than one-fifth of the damages she requested. The cross-examination of Walmart's expert neurologist by the shopper's attorney about a prior instance where the expert examined an individual who had been shot in the breast did not taint the jury's verdict. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 10, 2024, Case #: A24A0115, Categories: Damages, Negligence
J. Doyle finds that the trial court properly denied defendant's amended motion to modify his 10-year sentence following his guilty plea to family violence battery, cruelty to children, aggravated stalking, terroristic threats and other offenses. Three years of defendant's sentence were to be served in prison and the remainder were to be served on probation. The trial court did not commit any error in canceling the hearing on defendant's motion since defendant's arguments were essentially the same as those presented during his plea and sentencing hearing. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 10, 2024, Case #: A24A0345, Categories: Sentencing, Battery
J. Miller finds that the trial court properly awarded the father custody of the child since there was a material change in circumstances affecting the child's welfare after a prior custody award. The trial court correctly considered circumstances that occurred after the father filed his custody modification claim. However, the trial court incorrectly determined the father's monthly gross income in requiring the mother to pay child support. The trial court did not consider the father's personal savings which had been used to support the family. Reversed in part.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: May 10, 2024, Case #: A24A0236, Categories: Family Law
J. Markle finds that the trial court properly convicted defendant of trafficking more than 400 grams of methamphetamine and possession with intent to distribute methamphetamine. The trial court correctly excluded evidence that defendant's son had prior convictions for methamphetamine possession, sale and distribution. Defendant claimed the evidence explained his state of mind in taking responsibility for the drugs to prevent his son from being arrested and showed the son's ability and intent to possess the drugs. The evidence was inadmissible and its exclusion did not prevent defendant from mounting his defense. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 9, 2024, Case #: A24A0010, Categories: Drug Offender, Evidence, Ineffective Assistance
[Consolidated.] J. Hodges finds that the trial court incorrectly revoked defendant's probation. Although the trial court correctly found that defendant committed the new offenses of methamphetamine trafficking, possessing drug-related objects, and illegally using a communications facility, the trial court incorrectly found that defendant committed the new offenses of engaging in a conspiracy to possess a controlled substance with intent to distribute and violating the Street Gang Terrorism and Prevention Act. The trial court incorrectly admitted evidence of line sheets instead of original recordings of phone calls between defendant and a gang leader. The evidence did not show a link between defendant's activities and gang activity. Reversed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: May 9, 2024, Case #: A24A0596, Categories: Probation
J. Watkins finds that the trial court properly convicted defendant of criminal attempt to commit rape and aggravated assault. The trial court did not commit any error in admitting into evidence defendant's prior child molestation conviction or defendant's interest in tarot cards and invocation of the devil. The evidence of defendant's prior conviction was relevant to help establish the credibility of the victim's accusation that defendant tried to rape and strangle her while chanting about the devil and speaking in an unknown language. The evidence related to defendant's chanting and calling himself the devil was probative and not unfairly prejudicial to defendant. The state's error in mentioning the prior child victim's age was harmless. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: May 9, 2024, Case #: A24A0518, Categories: Sex Offender, Assault
J. Watkins finds that the trial court improperly granted the landlord's motion for partial summary judgment as to liability in a dispossessory action against the tenant. The trial court failed to give the tenant notice of oral arguments requested by the landlord and incorrectly allowed the landlord to withdraw its request. Vacated.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: May 8, 2024, Case #: A24A0370, Categories: Civil Procedure, Landlord Tenant
J. Doyle finds that the trial court properly convicted defendant of aggravated child molestation, child molestation and incest. The trial court correctly denied defendant's motion for a new trial. Defendant's trial counsel was not deficient for failing to strike from the jury a juror employed as a corrections officer in the jail where defendant was held after his arrest. The juror had no arrest powers and no personal knowledge of defendant being an inmate when he served on the jury. Defendant failed to present evidence showing that the juror could not be impartial. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 7, 2024, Case #: A24A0217, Categories: Jury, Sex Offender, Child Victims