500 results for 'court:"Georgia Court of Appeals"'.
J. Rickman finds that the trial court improperly ruled in favor of the companies in a negligence action brought by the couple arising from injuries the husband suffered when a dead tree on the companies' property fell on him while he was installing a fence. Questions of fact exist as to the husband's actual and subjective knowledge of the risk involved with working on the fence after the customers agreed to have it built several feet away from the tree. Reversed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: May 30, 2023, Case #: A23A0287, Categories: Negligence
J. Brown finds that the trial court improperly entered an order requiring defendant to pay $3,400 in restitution for damaging a truck after he pleaded guilty to criminal damage to property. The state failed to prove that the fair market value of the truck when it was damaged did not exceed the estimated cost to repair the damage. Vacated.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 26, 2023, Case #: A23A0750, Categories: Restitution, Property Crimes
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
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J. Brown finds that the trial court properly found in favor of the insurer in a negligence action brought by the truck driver arising from a collision with a van driver. The parent company of the van driver's employer does not fall under the definition of "motor carrier" under the Motor Carrier Act. There is no genuine issue of fact as to whether the van was a public conveyance. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 26, 2023, Case #: A23A0609, Categories: Insurance, Negligence
J. Pipkin finds that the trial court properly convicted defendant of rape and simple battery. The trial court correctly admitted into evidence the audio from a recording of the crime made by the victim on her phone. Since only the audio portion of the recording was tendered into evidence, the case is governed by a different statute than the statute governing unlawful surveillance. The victim was allowed to record her conversation with defendant without his consent. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: May 25, 2023, Case #: A23A0417, Categories: Evidence, Sex Offender, Battery
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. Markle finds that the trial court properly revoked defendant's probation after he committed new drug offenses and sentenced him to five years in prison. The trial court did not commit any error by refusing to consider placing defendant in a drug rehab program instead of incarcerating him because defendant's new offenses were felonies. However, the trial court incorrectly computed defendant's credit for time served on probation. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 25, 2023, Case #: A23A0482, Categories: Drug Offender, Probation
J. Land finds that the trial court improperly upheld the decision by the state board of workers' compensation adopting an administrative law judge's denial of the employee's motion for a change of physician. The employer kept the panel list of doctors posted in a locked room that could be accessed only by a key kept in a locked box in a different room. The administrative law judge incorrectly held that because the panel was located in an area which was technically accessible, it was therefore posted in a prominent location in accordance with the statute. The panel was not easily seen by most employees. Reversed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: May 24, 2023, Case #: A23A0290, Categories: Workers' Compensation
J. Barnes finds that the trial court properly dismissed the individual's petition to quiet title and for ejectment in a property dispute. The individual failed to show that he has any record or prescriptive title to the lots in dispute. Even if the subdivision plats were not recorded properly, the defects would not entitle the individual to any interest in property that had not been legally conveyed to him. Affirmed.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: May 24, 2023, Case #: A23A0723, Categories: Property
[Consolidated.] J. Rickman finds that the trial court properly dismissed the client's legal malpractice claims arising from advice that the client file for bankruptcy and properly found in favor of the attorney. The claim was barred by the statute of limitations. However, the trial court improperly denied the law firm's motion to dismiss the client's claims for breach of contract. The claim was duplicative of the legal malpractice claim. Reversed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: May 24, 2023, Case #: A23A0410, Categories: Legal Malpractice, Contract
J. Markle finds that the trial court improperly ruled in favor of the individual in a negligence action brought by the injured driver arising from a car collision. The trial court incorrectly found that there was a valid settlement agreement between the parties. There is no evidence that the injured driver's alleged acceptance of the settlement was communicated to the individual's counsel. The communications between the firm the injured driver initially hired to represent him and the individual's counsel would not have led the individual's counsel to believe the firm had accepted the counter offer. Vacated.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 24, 2023, Case #: A23A0587, Categories: Settlements, Negligence
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. Phipps finds that the juvenile court improperly entered an order finding the child dependent and continuing her custody with the Division of Family and Children Services. The agency did not offer any evidence at the hearing that the child is dependent and the juvenile court failed to cite evidence as to the child's dependency in its order. Reversed.
Court: Georgia Court of Appeals, Judge: Phipps, Filed On: May 24, 2023, Case #: A23A0585, Categories: Civil Procedure, Family Law
J. Dillard finds that the trial court properly dismissed the newspaper's action alleging that the sheriff violated Georgia's Open Records Act by refusing to turn over a family violence report and police body camera footage related to a 911 call involving domestic violence between a former Augusta prosecutor and his wife. The trial court correctly found that the footage was exempt from release under the Act because it was encompassed by the report and was filmed at the couple's home where there was a reasonable expectation of privacy in the absence of a pending law enforcement investigation. No arrests were made as a result of the call, therefore no portion of the report is subject to release. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: May 23, 2023, Case #: A23A0552, Categories: Public Record, Privacy
J. Dillard finds that the trial court properly convicted defendant of DUI and passing an emergency vehicle in violation of the Spencer Pass Law. The deputy's stop of defendant's vehicle was justified by his reasonable belief that defendant violated the statute when he failed to move to the left lane despite the presence of the patrol car in the far right emergency lane. Although the trial court incorrectly admitted the deputy's testimony that defendant refused to take a portable breath test, the error was harmless in light of the overwhelming evidence of defendant's guilt. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: May 23, 2023, Case #: A23A0357, Categories: Ineffective Assistance, Dui
J. Land finds that the trial court improperly ruled in favor of the city in a negligence action brought by the individual arising from ankle injuries she suffered after stepping into a pothole. Questions of fact remain as to whether the city had actual or constructive notice of the pothole. The city's log showed that its employees had notice of the pothole more than five years before the instant incident occurred. Reversed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: May 23, 2023, Case #: A23A0318, Categories: Negligence, Premises Liability
J. Markle finds that the trial court improperly denied the county's and board of commissioners' motion for summary judgment in an action brought by the property owner alleging a violation of equal protection rights based on racial discrimination. The action arose after the board denied a prospective buyer's application for a conditional use permit to build poultry houses on the land. The owner lacked standing to bring the third-party racial discrimination claim on behalf of the buyer, who is of Vietnamese descent, because she failed to show that her relationship to the buyer was close enough that she could represent his interests. Reversed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 22, 2023, Case #: A23A0614, Categories: Civil Rights, Property, Equal Protection
J. Markle finds that the trial court properly convicted defendant of aggravated assault on a peace officer, fleeing or attempting to elude law enforcement, aggressive driving and other offenses. Defendant's trial counsel was not deficient for failing to file a general demurrer challenging the aggravated assault and fleeing counts. The indictment was not fatally defective and pleaded the essential elements of the offense of aggravated assault. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 19, 2023, Case #: A23A0348, Categories: Ineffective Assistance, Assault