86 results for 'judge:"Doyle"'.
J. Doyle finds that the trial court properly granted the cities' motion to dismiss a negligence and wrongful death action brought by the estate alleging that the cities' emergency personnel failed to timely arrive and provide first aid to decedent, who died from gunshot injuries. The trial court correctly found that the estate's ante litem notices did not comply with the statutory requirements because they sought an indefinite amount "not less than" $1 million. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 27, 2023, Case #: A22A0739, Categories: Civil Procedure, Negligence, Wrongful Death
J. Doyle finds that the trial court improperly ruled in favor of a truck driver and employer in a wrongful death action brought by an estate representative arising from the decedent's death in a car collision with the truck driver. Questions of fact exist as to whether the truck driver left his lane of travel before hitting the decedent's car and whether he was negligent in leaving his lane of travel. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 27, 2023, Case #: A23A0104, Categories: Negligence, Wrongful Death
J. Doyle finds that the trial court properly convicted defendant of trafficking in methamphetamine and correctly denied defendant's pretrial motion to suppress evidence of meth found in his car during a traffic stop. Police officers had reasonable suspicion to stop defendant's car. Even though a driver does not violate the law when he drives on, but does not cross over, a fog line, the law was ambiguous as to whether driving on a fog line amounted to a failure to maintain one's lane until the decisions in the instant case and another case earlier this month. The officer's mistaken belief that defendant's conduct violated the law was therefore objectively reasonable and the stop was justified. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 27, 2023, Case #: A23A0234, Categories: Drug Offender, Evidence
J. Doyle finds that the trial court properly convicted defendant of aggravated assault, burglary, elder abuse, aggravated stalking, false imprisonment, battery and other offenses. The trial court correctly denied defendant's motion to dismiss the aggravated stalking charge for stalking the victim at the marital home. A court order had previously granted the victim exclusive use of the home and directed defendant not to come within 500 yards of it. However, the trial court incorrectly sentenced defendant because the battery charge against him should have merged with the elder abuse charge. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 27, 2023, Case #: A23A0072, Categories: Sentencing, Assault, Restraining Order
J. Doyle finds that the trial court properly ruled in favor of the insurer in an action brought by an individual seeking underinsured motorist coverage under a policy issued to an Uber subsidiary. The individual was functioning as an Uber driver under a fake name when she was injured in a car collision with another driver. The trial court correctly found that the individual did not qualify as an insured under the policy because she was not using her own Uber log-in credentials at the time of the collision and her use of a fake name in the Uber app precluded coverage based on the fraud condition in the policy. The absence of an unredacted copy of the policy does not require reversal. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 27, 2023, Case #: A23A0616, Categories: Insurance
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J. Doyle finds that the trial court improperly awarded permanent legal and physical custody of the child to the maternal grandmother. The trial court incorrectly ruled that the grandmother sufficiently demonstrated that awarding custody to the father would cause the child significant physical or emotional harm. There was no evidence that the father was abusive or unfit to care for the child. Reversed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 26, 2023, Case #: A23A0302, Categories: Family Law
J. Doyle finds that the trial court properly convicted defendant of child molestation. Defendant's trial counsel was not deficient for failing to object to evidence that defendant, a former middle school paraprofessional, was previously accused of hitting students in the genitals. Defendant's counsel was also not ineffective for failing to object to evidence of future dangerousness. The decisions not to object were strategic and reasonable. Defendant was not prejudiced by the admission of hearsay evidence from a sergeant who testified that defendant had access to the school video surveillance system. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 26, 2023, Case #: A23A0523, Categories: Sex Offender, Child Victims
J. Doyle finds that the trial court improperly ruled in favor of the uncle in a conversion, specific performance and declaratory judgment action brought by the mother and daughter arising out of a property dispute. The uncle brought counterclaims for breach of contract and reformation of the contract. The uncle lacked standing to bring his motion for summary judgment in his individual capacity after he had already conveyed his interest in the property to his investment company. Reversed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 26, 2023, Case #: A23A0281, Categories: Conversion, Contract
J. Doyle finds that the trial court properly ruled in favor of the ex-wife in an invasion of privacy, negligence and intentional infliction of emotional distress action brought by the ex-husband. The action arose after the ex-wife filmed a disagreement over whether she could take their child home with her while the ex-husband was intoxicated. The trial court correctly found that the ex-wife's decision to record the ex-husband, which was obvious to him at the time, was not egregious in light of her interest in the child's welfare. The ex-wife only shared the recording with her attorney to pursue custody modification. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 21, 2023, Case #: A23A0274, Categories: Negligence, Emotional Distress, Privacy
[Consolidated.] J. Doyle finds that the trial court properly ruled in favor of the insurer in a declaratory judgment action with respect to the passenger but incorrectly failed to find in favor of the insurer with respect to the driver. The insurer sought an order affirming that it did not have to cover damages after a car collision because the at-fault driver was not a listed driver on the policy. The unlisted driver exclusion in the instant case was not void for public policy reasons. Reversed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 20, 2023, Case #: A23A0143, Categories: Insurance
J. Doyle finds that the trial court properly found in favor of the co-worker in a negligence action brought by the individual arising after the co-worker hit him with his vehicle in the employer's parking lot. The individual received workers' compensation benefits for the accident, which occurred when the co-worker was traveling to the workplace for his shift. The co-worker was acting as an employee when he hit the individual, therefore the individual's action against the co-worker was barred by the exclusive remedy provision of the Workers' Compensation Act. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 20, 2023, Case #: A23A0432, Categories: Negligence, Workers' Compensation
J. Doyle finds that the trial court properly convicted defendant of family violence aggravated assault, aggravated battery and false imprisonment. Sufficient evidence was presented to support defendant's false imprisonment conviction and the trial court did not commit any error in refusing to merge the family violence aggravated assault and aggravated battery convictions. The rule of completeness did not apply to defendant's separate statements over the phone to an unidentified person and his statements to police officers, therefore the officer was allowed to testify that he overheard defendant tell the person on the phone he was about to go to jail. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 20, 2023, Case #: A23A0431, Categories: Ineffective Assistance, Assault, Battery
[Consolidated.] J. Doyle finds that the trial court improperly awarded the company attorney fees in a voidable transfer action brought by the individual alleging that the company transferred assets to avoid paying a judgment. The trial court failed to support the attorney fees awards with factual findings and legal conclusions. Vacated.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 16, 2023, Case #: A23A0213, Categories: Attorney Fees
J. Doyle finds that the trial court improperly upheld the final administrative decision from the Board of Review of the Department of Labor finding that the individual failed to show good cause to reopen an administrative hearing on her claim for unemployment benefits. The administrative hearing officer incorrectly analyzed the motion to reopen and based its decision on the individual's failure to request a postponement before the hearing due to her daughter's hospitalization. The hearing officer incorrectly found that the individual failed to show providential cause to reopen the hearing. Vacated.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 16, 2023, Case #: A23A0472, Categories: Administrative Law
J. Doyle finds that the trial court properly convicted defendant of rape and aggravated assault and correctly ruled that defendant's prior convictions were admissible as evidence for impeachment purposes. The prior convictions for aggravated assault as a lesser included offense of rape, false imprisonment, battery and hindering a person making an emergency phone call had occurred more than 10 years before but had high probative value because defendant's credibility was central to the trial outcome. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 14, 2023, Case #: A23A0132, Categories: Evidence, Sex Offender, Assault
J. Doyle finds that the trial court properly denied the forfeiture petition and correctly found that forfeiture of the individual's vehicle was excessive. There was evidence to support the valuations for the vehicle and the trial court did not commit any error in finding that the individual's guilty plea to possession of methamphetamine and three-year probation sentence did not warrant forfeiture. The vehicle was not necessary for the individual to possess meth. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 13, 2023, Case #: A23A0268, Categories: Forfeiture
J. Doyle finds that the trial court properly granted the father's petition for modification of child custody. There was a material change in circumstance and the trial court's decision to give the father primary physical custody and the mother visitation was in the best interests of the children. However, the trial court incorrectly denied the mother's motion for contempt. The father admitted that he violated the final agreement by making decisions despite the mother having final decision-making authority in the areas of extracurricular activities and non-emergency healthcare. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 6, 2023, Case #: A23A0208, Categories: Contempt, Family Law
J. Doyle finds that the trial court properly convicted defendant of identity fraud and theft by taking. The trial court correctly denied defendant's motions for a new trial and for a directed verdict. A rational juror could have found that defendant was guilty of the charged offenses based on the evidence presented at trial. The trial court did not commit any error by admitting victim impact evidence showing that the loan negatively impacted the victims' previously "excellent" credit score because it was relevant to show why defendant enlisted the victim to apply for the loan. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 31, 2023, Case #: A23A0026, Categories: Fraud, Theft
J. Doyle finds that the trial court properly overturned the decision by the state board of workers' compensation dismissing a benefits claim filed by the employee. The employee had an additional 122 days to bring her claim to a hearing due to the judicial emergency orders issued in response to the Covid-19 pandemic. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 31, 2023, Case #: A23A0053, Categories: Civil Procedure, Workers' Compensation
J. Doyle finds that the trial court properly convicted defendant of child molestation offenses and correctly denied his motion for a new trial. The trial court did not commit any error by admitting the inconclusive DNA results of the victim's rectal swab into evidence. The DNA analyst's testimony about the DNA testing was relevant to understanding the lab report. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 26, 2023, Case #: A23A0484, Categories: Dna, Ineffective Assistance, Sex Offender
J. Doyle finds that the trial court properly dismissed the maternal grandparents' petition to be adjudicated equitable caregivers of the father's three children under the Equitable Caregiver statute. The trial court correctly found that the petition was barred by collateral estoppel due to a ruling in an earlier proceeding overturning the grandparents' permanent legal and physical custody of the children and a finding that they failed to show that parental custody would harm the children. The instant action was not predicated on any changed circumstances that would present a new issue for resolution. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 26, 2023, Case #: A23A0603, Categories: Family Law, Guardianship
J. Doyle finds that the trial court properly denied the company's motion to add indispensable parties and to realign the party defendants in a negligence action brought by the mother. The action arose after one of the company's trucks allegedly blocked the view of the person who drove a vehicle in which the mother and her children were passengers, resulting in a collision. Since the two individuals and the corporation are joint tortfeasors against whom the company has a right of contribution, they are not indispensable parties subject to being added to the case under the statute. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 26, 2023, Case #: A23A0005, Categories: Civil Procedure, Negligence
J. Doyle finds that the trial court properly denied defendant's motion for a new trial following his convictions for criminal attempt to commit murder, aggravated battery and aggravated assault. Defendant has not shown that his trial counsel performed deficiently by failing to object to the introduction of evidence that defendant was on probation when he was arrested. Defendant's probation status was necessary to the story of his arrest and to show that he may have tried to conceal clothing evidence of the crime because he knew his home could be searched without a warrant. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 25, 2023, Case #: A23A0396, Categories: Ineffective Assistance, Assault, Battery
J. Doyle finds that the trial court properly awarded primary physical custody of two children to the mother. The trial court did not commit any error when it stated that the father had lied to the court or when it limited his attempts to present evidence relating to one child's sexual assault outcry. The trial court explained that it did not find the father to be credible based on evidence that he had coached the children regarding the allegations of sexual assault. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 24, 2023, Case #: A23A0008, Categories: Family Law
J. Doyle finds that defendant was properly sentenced based on his guilty plea to operating while intoxicated, third or subsequent offense, based on defendant's admission that he was a habitual offender. Affirmed.
Court: Iowa Court Of Appeals, Judge: Doyle, Filed On: May 24, 2023, Case #: 22-0540, Categories: Sentencing, Dui, Plea