86 results for 'judge:"Doyle"'.
J. Doyle finds that a husband was properly denied modification of physical care of the parties' children following the dissolution of their marriage because continued joint physical care was in the best interests of the children. Affirmed.
Court: Iowa Court Of Appeals, Judge: Doyle, Filed On: November 21, 2023, Case #: 23-0443, Categories: Family Law
J. Doyle finds that the trial court properly ruled in favor of the assisted living facility in a premises liability and negligence action brought by the widow arising from injuries her husband suffered in a trip-and-fall incident which led to his death days later. The uneven pavement seam where the husband tripped was a readily observable static condition of which the husband and the owner had equal knowledge. Evidence that an employee of the facility had tripped in the area does not mean that the owner's knowledge of the hazard was superior to the husband's. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: November 3, 2023, Case #: A23A0883, Categories: Negligence, Premises Liability
J. Doyle finds that the trial court improperly granted the caregiver's motion for a directed verdict in an action brought by the ex-wife seeking an order to set aside the decedent's designation of the caregiver as the beneficiary of an annuity. The ex-wife alleged that the caregiver unduly influenced the decedent to name her as his beneficiary. There is a jury question as to the issue of undue influence. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: November 1, 2023, Case #: A23A0662, Categories: Tort
J. Doyle finds that the trial court improperly granted the husband's declaratory judgment petition related to the couple's divorce decree and entered an amended clarifying order on the division of the husband's military retirement income. Although the provision of the divorce decree is ambiguous, it did not award the wife a percentage of the military retirement income at the time of the divorce. The trial court incorrectly considered military retirement law codified after the divorce and incorrectly found that the divorce court lacked authority to award the wife a percentage of any portion of the husband's future military retirement that would accumulate post judgment. Vacated.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: October 27, 2023, Case #: A23A0646, Categories: Family Law
J. Doyle finds that the trial court improperly ruled in favor of the city in a declaratory judgment action brought by the hospital authority arising after the city refused to allow the hospital authority to sell a property to a buyer wishing to operate a drug and alcohol treatment facility. Although the trial court correctly found that the hospital authority is immune from the city's zoning ordinances, the trial court incorrectly found that a third-party purchaser intending to operate a treatment facility at the property could not do so without first obtaining a conditional use permit. The city failed to show that the proposed facility would provide substantially different services than the previous uses at the property under the hospital authority. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: October 27, 2023, Case #: A23A0795, Categories: Municipal Law, Property, Zoning
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J. Doyle finds that defendant was properly convicted of assault causing injury after shooting and killing a woman because witness testimony indicates she pushed the victim out of her car, taunted her, then shot her. Affirmed.
Court: Iowa Court Of Appeals, Judge: Doyle, Filed On: October 25, 2023, Case #: 21-1891, Categories: Assault, Witnesses
J. Doyle finds that the trial court properly convicted defendant of rape, aggravated sexual battery, child molestation and cruelty to children. Defendant failed to show that he was prejudiced by his trial counsel's failure to object to child hearsay evidence, including a recording of one victim's interview with a forensic interviewer. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: October 24, 2023, Case #: A23A0906, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Doyle finds that the trial court improperly denied the condo association's motion for summary judgment in a negligence, breach of contract and nuisance action brought by the individual arising from property damage which allegedly resulted when soot and exhaust infiltrated her condo unit from a diesel-powered generator. The trial court incorrectly ruled without first determining the admissibility of testimony from two of the individual's experts pursuant to the association's motion to strike the testimony. Vacated.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: October 17, 2023, Case #: A23A0933, Categories: Negligence, Experts, Contract
J. Doyle finds that the trial court improperly dismissed the couple's negligence action against the individual arising from a car collision. The trial court incorrectly found that it lacked discretion to allow the couple to amend their action to add the individual's daughter as a defendant after the statute of limitation expired. The case is remanded so the trial court can determine whether the couple met the relation-back conditions in the statute. Vacated.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: October 5, 2023, Case #: A23A0689, Categories: Negligence
[Consolidated.] J. Doyle finds that the trial court improperly granted in part defendant's motions to suppress evidence obtained from his cell phone. Defendant was indicted for rape. The trial court incorrectly found that police lacked probable cause to search defendant's phone for anything other than communications between him and the victim. The initial seizure of defendant's phone during a police interview was authorized because police had reason to believe defendant or someone else could delete or alter data. The four-month delay between the initial seizure of the phone and the issuance of the second, more narrow search warrant was not unreasonable. The first warrant was obtained within two days of the seizure. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: October 4, 2023, Case #: A23A0939, Categories: Evidence, Search, Sex Offender
J. Doyle finds the probate court improperly ruled that the neighbors are entitled to a private way over the individual's property in a dispute which arose after the individual allegedly blocked the neighbors from using a shared driveway. The neighbors failed to establish the elements of a prescriptive easement under the statute. The evidence showed that the use of the shared driveway was permissive. Reversed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: October 4, 2023, Case #: A23A0909, Categories: Property
J. Doyle finds that defendant was properly convicted of first-degree murder and other charges after he shot and killed a nephew he had accused of stealing because evidence clearly established malice aforethought in the case. Affirmed.
Court: Iowa Court Of Appeals, Judge: Doyle, Filed On: September 27, 2023, Case #: 21-1426, Categories: Intent, Murder
J. Doyle finds that the trial court properly ruled in favor of the insurer in a breach of contract and bad faith action brought by the insured arising from the insurer's denial of property damage claims under a farm policy. The trial court correctly found that the action was time-barred. The one-year suit limitation in the policy was unambiguous and enforceable. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: August 30, 2023, Case #: A23A0672, Categories: Insurance, Contract
J. Doyle finds that the trial court properly convicted defendant of DUI and driving without a valid license. The trial court correctly found that the results of defendant's state-administered breath test were admissible as evidence. Defendant, who was not fully fluent in English, was able to answer the police officer's questions. Language did not present a barrier to his understanding of the officer's request for a breath test. Defendant failed to show that the inclusion of misleading information in the implied consent notice impacted his decision to provide a breath sample. Although the officer's testimony correlating field sobriety test clues with defendant's intoxication should not have been admitted, the error was harmless in light of the overwhelming evidence of defendant's guilt. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: August 16, 2023, Case #: A23A0768, Categories: Evidence, Dui
J. Doyle finds that the trial court properly ruled in favor of the insurance agency in a negligence and breach of contract action brought by the used car wholesaler arising from the agency's alleged failure to secure proper coverage for the wholesaler. The wholesaler had a responsibility to examine the policy for "readily apparent" exclusions. The exclusion related to coverage for vehicle losses was obvious in the policy. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: August 9, 2023, Case #: A23A0697, Categories: Insurance, Negligence, Contract
J. Doyle finds that defendant was improperly sentenced based on his guilty plea to misdemeanor charges of driving while barred and possession of marijuana, second offense, because defendant was not afforded his right to allocution during sentencing. Reversed.
Court: Iowa Court Of Appeals, Judge: Doyle, Filed On: July 26, 2023, Case #: 22-1129, Categories: Drug Offender, Sentencing, Plea
J. Doyle finds that the trial court improperly entered a 12-month family violence protective order against the father after he allegedly assaulted the grandmother in front of his children. The protective order was entered after the expiration of the 30-day deadline for holding a hearing on the issue and the father did not agree to a continuance of the rescheduled hearing. The petition was therefore statutorily dismissed and the trial court lacked authority to issue the order. Reversed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: July 26, 2023, Case #: A23A1089, Categories: Civil Procedure, Restraining Order
J. Doyle finds that the trial court improperly dismissed the state trooper's breach of contract claim against the department arising from the department's alleged failure to pay overtime under the Fair Labor Standards Act. The trial court incorrectly found that employment documents provided by the department and signed by the trooper which related to overtime policies did not constitute a written contract waiving sovereign immunity. The documents exchanged between the parties over e-mail show that they entered into a contract for at-will employment that included provisions under the Act. Reversed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 30, 2023, Case #: A23A0160, Categories: Contract, Labor
J. Doyle finds that the trial court properly dismissed the churches from actions brought by the individuals alleging sexual abuse by scoutmasters with regard to RICO, respondeat superior and public nuisance claims. However, the trial court incorrectly dismissed several of the individuals' claims, including claims for fraudulent misrepresentation, fraudulent concealment, failure to provide adequate security, attorney fees and punitive damages. The trial court failed to correctly analyze negligence claims against one church. The individuals may be able to introduce evidence supporting tolling under the statute as to their fraud claims, therefore the trial court incorrectly dismissed them as time-barred. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 29, 2023, Case #: A21A0898, Categories: Fraud, Negligence, Racketeering
J. Doyle finds that the trial court properly ruled in favor of the injured driver in a negligence action against the driver arising from a car collision. Any error the trial court made in refusing to allow the driver to introduce evidence of a police report concerning a collision the injured driver experienced two years before the instant collision was harmless in light of other evidence in the case. However, the trial court incorrectly entered an attorney fee award under the statute because the injured driver served the offer to settle the case via e-mail rather than by certified mail or overnight delivery. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 29, 2023, Case #: A23A0331, Categories: Negligence, Attorney Fees
J. Doyle finds that the trial court properly ruled in favor of the association and board members in a declaratory relief action brought by the couple after the association levied fees for the couple's above-ground pool. The trial court correctly found that there was no genuine issue of fact as to whether the board's exercise of authority was not procedurally fair and reasonable. The board was entitled to recover the fines imposed on the couple. However, the trial court incorrectly found that the board was entitled to attorney fees. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 28, 2023, Case #: A23A0620, Categories: Attorney Fees, Contract
J. Doyle finds that the trial court properly convicted defendant of DUI and improper parking. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant failed field sobriety tests, registered positive on an alco-sensor and smelled of alcohol. The trial court correctly instructed the jury on demonstrative evidence and the charge as a whole was unlikely to have confused the jury. Defendant failed to show that she was prejudiced by her trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 28, 2023, Case #: A22A1738, Categories: Ineffective Assistance, Dui