485 results for 'court:"Georgia Court of Appeals"'.
J. Dillard finds that the trial court improperly ruled in favor of the lake owner in a declaratory judgment action against the property owners seeking to restrict the property owners' use of the lake. The property owners' warranty deed established an easement for use of the lake by express grant. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 29, 2024, Case #: A23A1265, Categories: Property
J. Watkins finds that the trial court improperly entered a divorce decree giving the mother sole custody of the couple's child and denying the father any parenting time. There was no evidence that limiting the father to supervised visits with the child would be insufficient to prevent contact between the child and the father's new partner. There was also no evidence that contact with the partner would be harmful to the child or that concerns about the father's personal behavior and use of steroids had any effect on how he interacted with the child. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: January 26, 2024, Case #: A23A1549, Categories: Family Law
J. Land finds that the trial court properly convicted defendant of burglary. The trial court correctly denied defendant's motion to sever the charges against him, which arose from a burglary of a convenience store and a burglary of an abandoned house. The charges against defendant were factually connected and linked by overlapping evidence, including video footage showing the person who burglarized the store running towards the street where the abandoned house was located. Sufficient evidence was presented to support defendant's convictions. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: January 24, 2024, Case #: A23A1422, Categories: Burglary
J. Miller finds that the trial court properly convicted defendant of child molestation and public indecency. Defendant, a county jail inmate, was caught masturbating during a visit with his girlfriend and their three-year-old daughter. Sufficient evidence was presented to allow the jury to find that defendant masturbated in the child's presence, including evidence that defendant was within three feet of the child in the visitation area. The child molestation statute does not require that defendant's arousal be due to the presence of the child and only requires that defendant was aware of the child's presence at the time he committed the act at issue. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: January 24, 2024, Case #: A23A1675, Categories: Sex Offender, Public Indecency
J. Pipkin finds that the trial court properly convicted defendant of aggravated child molestation. Defendant failed to show that he was prejudiced by any alleged deficiencies in the indictment. The trial court did not commit any error in instructing the jury that the offenses could be proven on any date within the statute of limitations. Defendant failed to show that his trial counsel was deficient for failing to strike a juror from the venire or that he was prejudiced by his trial counsel's failure to request a jury charge on alibi. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: January 24, 2024, Case #: A23A1307, Categories: Ineffective Assistance, Sex Offender, Child Victims
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J. McFadden finds that the juvenile court properly awarded temporary custody of the children to the Department of Family and Children Services and correctly entered an order requiring the mother to complete a parental fitness evaluation. Sufficient evidence was presented to allow the juvenile court to find that the children would be dependent if returned to the mother, including evidence that the mother physically abused one child and emotionally abused the children during visits after they were removed from her custody. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: January 24, 2024, Case #: A23A1434, Categories: Family Law
J. Brown finds that the trial court properly denied defendant's motion to withdraw her guilty plea to theft by shoplifting less than $500. The trial court correctly found that defendant's plea was voluntarily and knowingly entered. The trial court also correctly concluded that there was insufficient evidence showing that defendant's plea was the product of coercion based on her being in custody for months and being fearful of getting "lost in the system." Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: January 24, 2024, Case #: A23A1428, Categories: Theft, Plea
J. Dillard finds that the trial court improperly granted the company's motion for permanent injunction in an action against the individual and ordered the individual to remove an affidavit asserting an ownership interest in a parcel of land currently owned by the company. The trial court incorrectly characterized the language expressing consideration in the quitclaim deeds conveying the property from the individual to the company. Vacated.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 24, 2024, Case #: A23A1382, Categories: Property
J. Dillard finds that the trial court properly convicted defendant of aggravated assault, family violence battery and criminal trespass. The trial court correctly admitted into evidence a nurse examiner's expert opinions about the effects of strangulation and correctly qualified the nurse examiner as an expert witness. Defendant was told before trial that the nurse examiner would use an anatomical diagram and otherwise failed to establish that he was prejudiced by the state's alleged failure to comply with discovery obligations. Any error in admitting the nurse examiner's testimony probably did not affect the trial outcome in light of the strong evidence of defendant's guilt. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 23, 2024, Case #: A23A1765, Categories: Assault, Battery, Experts
J. Dillard finds that the juvenile court improperly adjudicated the mother's six children dependent following the death of the mother's two-month-old. The juvenile court's decision was not supported by clear evidence that the children were subject to abuse or neglect. Although the mother and her partner admitted to using marijuana, there was no evidence that the drug use was excessive or adversely impacted the children. There were two incidents when two children suffered injuries but the mother immediately sought treatment for them and there was no evidence that the mother inflicted the injuries on the children. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 23, 2024, Case #: A23A1311, Categories: Family Law
J. Dillard finds that the trial court improperly granted a declaratory judgment in favor of the association in an action arising from a dispute over the construction of a property owner's home. The trial court incorrectly denied the owner's request for a declaratory judgment that he is not subject to a declaration's provisions related to construction. The trial court failed to consider the entire declaration or whether the language in the exemption provision was ambiguous. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 23, 2024, Case #: A23A1709, Categories: Contract
[Consolidated.] J. Dillard finds that the trial court improperly refused to find in favor of the wholesale company or the company owner in a malicious prosecution and emotional distress action brought by the individual. The action arose from the individual's robbery, terroristic threats and battery indictment for trying to confiscate male sex-enhancement pills from the company which he claimed were counterfeit and infringing on his trademark. The trial court incorrectly analyzed elements of the malicious prosecution claim by failing to acknowledge the evidence that probable cause supported the individual's charged offenses. Vacated.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 23, 2024, Case #: A23A1472, Categories: Malicious Prosecution
J. Dillard finds that the trial court properly granted the insurer's motion to dismiss a negligence action brought by the driver arising from a car collision with an individual. The trial court also correctly denied the driver's motion for service by publication. There was a four-month delay between the expiration of the statute of limitations and the driver's motion. The driver failed to exercise the greatest possible diligence in attempting to serve the individual. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 23, 2024, Case #: A23A1244, Categories: Civil Procedure, Negligence
J. Watkins finds that the trial court properly denied defendant's amended motion for a new trial following his convictions for offenses including attempted murder and aggravated battery family violence. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant had a history of intentional violence towards the victim. Defendant failed to show that his trial counsel performed deficiently. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: January 22, 2024, Case #: A23A1429, Categories: Battery
[Consolidated.] J. Watkins finds that the trial court properly denied defendants' motions for new trials following defendant's obstruction and firearm conviction and the co-defendant's firearm conviction. Sufficient evidence was presented to support defendant's convictions, including evidence that she was close enough to the firearm in the truck to access it and that she resisted the officer's instructions to exit the vehicle. Defendant failed to show that her trial counsel's performance was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: January 18, 2024, Case #: A23A1239, Categories: Firearms, Ineffective Assistance, Obstruction
J. Barnes finds that the trial court improperly revived a $65,000 dormant judgment entered against an individual. The individual was not properly served with a copy of the scire facias to revive the judgment because he was served by a private process server rather than by a county sheriff as required by the statute. Reversed.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: January 18, 2024, Case #: A23A1379, Categories: Enforcement Of Judgments
J. Pipkin finds that the trial court improperly denied the taxpayers' motion for class certification in an action against the county and municipalities alleging that the county board of assessors used an illegal method for determining property taxes on homes sold in 2015 in order to assess higher taxes. The taxpayers established commonality in the proposed class because they claim that all class members suffered the injury of having their taxes calculated by an illegal method of valuation due to the county's and municipalities conduct in overriding the fair market value assessment. The trial court incorrectly found that the taxpayers did not meet the predominance requirement. Reversed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: January 18, 2024, Case #: A23A1646, Categories: Tax, Class Action
J. Hodges finds that the trial court properly found in favor of the police officer in a civil rights and excessive force action brought by the individual arising from her arrest. The trial court correctly dismissed the purported renewal action. The individual's initial claims were dismissed without prejudice for failure to properly serve the officer, therefore the action was void and not subject to renewal. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: January 17, 2024, Case #: A23A1550, Categories: Civil Rights, Police Misconduct
J. McFadden finds that the trial court properly granted the homeowners' motion for judgment notwithstanding the jury's verdict in favor of the contractor in his breach of contract action against the homeowners for failure to pay. The trial court correctly found that the contractor could not recover from the homeowners because he did not hold a required contractor license. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: January 17, 2024, Case #: A23A1708, Categories: Contract
J. Pipkin finds that the trial court properly denied defendant's motion to make a habeas court order granting him an out-of-time appeal of the order of the plea court. Defendant was sentenced to 20 years in prison following his guilty plea to voluntary manslaughter as a lesser included offense of felony murder. The trial court correctly found that it lacked authority to grant defendant an out-of-time appeal in light of the Georgia Supreme Court's 2022 ruling in Cook v. State. Defendant also failed to file a notice of appeal within the 30-day deadline following the habeas court's order. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: January 11, 2024, Case #: A23A1342, Categories: Habeas, Plea
J. Brown finds that the trial court properly ruled in favor of the patient and her husband and awarded them $10.1 million in compensatory damages in a medical malpractice action against the doctor and hospital. The couple alleged that the doctor cut through the patient's common bile duct during a gallbladder removal surgery. The trial court correctly denied the doctor's and hospital's motions for mistrial and new trial. Statements made by the couple's counsel did not improperly ask the jury to "send a message" to the hospital and doctor with its verdict. Even if the three statements were improper, they did not permeate the trial. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: January 11, 2024, Case #: A23A1548, Categories: Medical Malpractice
J. Brown finds that the trial court properly awarded the community organization $65,000 in attorney fees in a civil rights and injunctive relief class action brought by the member. The trial court granted the organization's motion to dismiss the action, which arose after the organization modified its bylaws to require board candidates to attest that they file income taxes. The case is remanded for factfinding with respect to the amount of attorney fees to be assessed. The trial court was not clear in its order whether it limited the fees award to those fees incurred because of the member's sanctionable conduct. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: January 10, 2024, Case #: A23A1569, Categories: Attorney Fees
J. Brown finds that the trial court improperly ruled partially in favor of the individual and incorrectly denied the company's motion to withdraw admissions in a negligence action brought by the individual arising from injuries he suffered in a car collision with the driver. The trial court failed to fully consider the motion to withdraw the company's admission that the driver was its employee or agent at the time of the collision. The driver repeatedly testified in her deposition that she was an independent contractor. A genuine dispute of fact exists as to whether or not the driver was an employee. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: January 10, 2024, Case #: A23A1298, Categories: Negligence
J. Land finds that the trial court improperly denied the company's motion for a new trial in an action brought by the customer alleging that the company took $500 from her bank account after she terminated services. The trial court ruled in favor of the customer after the company failed to appear and awarded the customer $25,000 in punitive damages and $10,000 in actual damages. The trial court incorrectly failed to grant the company a hearing on its motion for new trial. Reversed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: January 10, 2024, Case #: A23A1544, Categories: Tort
J. Miller finds that the trial court properly convicted defendant of theft by receiving stolen property following defendant's Alford plea. The trial court correctly found that there was a factual basis for defendant's guilty plea. The factual proffer set out by the state included sufficient facts to allow the trial court to find that the acts constituted the crime with which defendant was charged. The trial court could have reasonably found that a mobile home defendant possessed and lived in was worth at least $5,000. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: January 8, 2024, Case #: A23A1703, Categories: Theft, Plea
J. Miller finds that the trial court improperly granted the city volunteer a 12-month protective order and incorrectly denied the city councilwoman's counterclaim for attorney fees in a dispute arising from several incidents between the parties which the volunteer claimed amounted to harassment. Insufficient evidence was presented to show that the councilwoman committed stalking. The evidence does not establish that the councilwoman's actions--which included making an open records request inquiring into the volunteer's role, asking a clerk whether the volunteer was in his office and filming the volunteer after he turned her away from a group photo--placed the volunteer in reasonable fear for his safety. Reversed in part.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: January 8, 2024, Case #: A23A1540, Categories: Restraining Order, Attorney Fees
J. Hodges finds that the trial court properly convicted defendant of child molestation and correctly denied his motion for a new trial. Defendant failed to show that his trial counsel was deficient for failing on numerous occasions to object to alleged hearsay or for failing to properly utilize Department of Family and Children Services records. The decision by defendant's counsel not to object and to instead address the alleged hearsay through cross-examination was a reasonable trial strategy. Counsel's lack of participation at defendant's sentencing does not warrant a new trial or a new sentencing hearing. Defendant failed to show that he was prejudiced by his trial counsel's failure to prevent him from making an inflammatory statement to the court. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: January 5, 2024, Case #: A23A1780, Categories: Ineffective Assistance, Sex Offender
J. Markle finds that the trial court properly convicted defendant of multiple drug-related offenses and possession of a firearm during the commission of a felony. A successor judge who had not presided over defendant's trial correctly denied his motion for a new trial. The successor judge had authority to rule on the motion. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: January 4, 2024, Case #: A23A1215, Categories: Drug Offender, Firearms, Judiciary
J. Markle finds that the trial court properly convicted defendant of rape and aggravated sodomy. The trial court did not commit any error by failing to instruct the jury on attacking a witness's credibility. Evidence of defendant's prior statutory rape conviction was correctly admitted because it was relevant to defendant's identity and intent. Defendant failed to show that his trial counsel performed deficiently. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: January 4, 2024, Case #: A23A1753, Categories: Ineffective Assistance, Sex Offender, Jury Instructions
J. Mercier finds that the trial court improperly dismissed the insured's action against the insurer arising after the insurer failed to issue a full refund to the insured following her early cancellation of a car insurance policy. The trial court incorrectly found that the insured's interpretation of a refund provision in the policy was unreasonable. The insured could have reasonably believed that her refund would be calculated based only on the amount of premium she had already paid. Reversed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: January 3, 2024, Case #: A23A1529, Categories: Insurance