500 results for 'court:"Georgia Court of Appeals"'.
J. Rickman finds that the the lower court improperly convicted defendant of failure to register as a sex offender based upon his failure to update his employment information with the local sheriff. The state failed to prove defendant violated the statutory time requirement. Reversed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: April 3, 2024, Case #: A24A0475, Categories: Sex Offender
J. Brown finds that the lower court properly denied the city's motion to dismiss plaintiffs' complaint seeking damages for inverse condemnation and alleging the city failed to maintain its sewer system. The municipal ante litem notice requirements are do not apply to the inverse condemnation claim. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: April 1, 2024, Case #: A24A0019, Categories: Damages
J. Brown finds that the lower court improperly dismissed defendant's motion to suppress. The state had notice that defendant was challenging the traffic stop and his arrest. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: March 28, 2024, Case #: A24A0013, Categories: Evidence
J. Brown finds that the lower court improperly dismissed defendant's convictions on multiple counts of aggravated assault and other charges. The state was not required to allege the Covid-19 tolling provisions in each count of the indictment. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: March 28, 2024, Case #: A24A0134, Categories: Criminal Procedure
J. Mercier finds that the lower court improperly ruled in favor of an Airbnb co-host sued by a renter for injuries she sustained while she was staying at the property. Evidence proves that the co-host should have predicted that a tree branch could fall and strike a person in the parking area below. Reversed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: March 27, 2024, Case #: A24A0593, Categories: Tort
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J. McFadden finds that the lower court properly denied defendant’s motion for a new trial. The lower court properly instructed the jury on mutual combat. Thus, counsel was not deficient by failing to preserve defendant’s objection to the charge. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: March 27, 2024, Case #: A24A0166, Categories: Ineffective Assistance
J. McFadden finds that the trial court properly convicted defendant of child molestation and correctly denied defendant's motion for a new trial. Sufficient evidence was presented to support defendant's conviction. Defendant failed to reserve his objection to the trial court's refusal to instruct the jury on rape as a lesser-included offense of child molestation. Under the law in effect at the time of his 2005 trial, defendant waived the right to assert that the trial court's decision was an error. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: March 20, 2024, Case #: A24A0459, Categories: Sex Offender, Jury Instructions
J. Mercier finds that the trial court incorrectly sentenced defendant by failing to include a behavioral incentive date in the order sentencing him to two consecutive five-year terms of probation for marijuana and firearm possession offenses. Defendant had no prior felony convictions, therefore the statute required that a behavioral incentive date be included in his straight probationary sentence. Vacated.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: March 19, 2024, Case #: A24A0663, Categories: Sentencing
J. Mercier finds that the trial court improperly denied defendant's motion to vacate a void sentence following his guilty plea to two counts of child molestation. The 10-year probationary sentence imposed on one count was not split as it should have been in accordance with the statute which was in effect at the time defendant committed the crime. The trial court incorrectly dismissed defendant's motion to withdraw his guilty plea based on the void sentence. Reversed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: March 19, 2024, Case #: A24A0214, Categories: Sentencing, Sex Offender, Plea
J. Pipkin finds that the trial court properly convicted defendant of criminal attempt to commit child molestation, trafficking of a person for sexual servitude and computer pornography. Sufficient evidence was presented to support the convictions, including evidence that defendant drove to meet a girl he believed was 14 years old and told her he wanted her to be his "pet" and "live-in maid with benefits." However, the trial court incorrectly convicted defendant of obscene internet contact with a child and criminal attempt to commit sexual exploitation of a child. Defendant's exchanges with the investigator posing as a child were not explicit verbal descriptions or narrative accounts addressed by the statute. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1610, Categories: Sex Offender
J. Pipkin finds that the juvenile court properly terminated the mother's parental rights to her two children. Sufficient evidence was presented to support the order, including evidence that the mother neglected one of the children and gave the other a bloody nose. The mother also failed to comply with a child support decree, failed to maintain stable housing and had mental health issues. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1492, Categories: Family Law
J. Doyle finds that the trial court properly ruled in favor of the gas station owners in a breach of contract action brought by the gas supplier. The owners did not speak English sufficiently to read the contract, which was written in English. The trial court correctly found that the gasoline supply contract was unconscionable because it disproportionately allocated risk to the owners and contained incomprehensible language with respect to the price term. The contract also contained illegal and commercially unreasonable terms. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 15, 2024, Case #: A23A1432, Categories: Contract
J. Pipkin finds that the trial court properly denied defendant's motion for a new trial on his convictions for firearm offenses, theft by receiving stolen property, dog fighting and possession of marijuana with intent to distribute. Sufficient evidence was presented to support defendant's drug and theft convictions. The trial court correctly denied defendant's motion to suppress evidence discovered during a search of his home. A trash pull performed by law enforcement was not improper. The seizure of firearms, body armor and bullets during the search of defendant's home was authorized because those items were found while police were searching for drugs and items used in the sale of marijuana. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1412, Categories: Drug Offender, Firearms, Search
J. Doyle finds that the trial court properly ruled in favor of the doctors in a medical malpractice action brought by the parents arising from their mentally ill son's accidental drowning death after he was discharged to them from the doctors' care. The son ran away after being discharged and was found dead in a lake three days later. The son's drowning some time after his discharge is too remote to be the proximate result of his discharge. There is no evidence that the son was unsafe to walk on his own and no evidence explaining what caused him to drown. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 15, 2024, Case #: A23A1715, Categories: Medical Malpractice
J. Pipkin rules that the trial court improperly convicted defendant of cruelty to children in the first degree and finds that defendant is entitled to a new trial on that offense due to juror misconduct. The verdict form given to the jury incorrectly listed the charge as cruelty to children in the third degree. Upon being recalled for a second round of deliberations after the mistake was discovered, a juror used her phone to Google the classifications of the offense of cruelty to children and then shared the information with other jurors. The trial court correctly convicted defendant of sexual battery. Defendant's trial counsel was not deficient for allowing defendant to proceed to trial with only one hearing aid. Defendant twice told the trial court that he was able to hear. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1752, Categories: Ineffective Assistance, Jury, Sex Offender
J. Pipkin finds that the trial court properly denied the company's motion to set aside the default judgment and $25 million damages award entered against it in a wrongful death, product liability and negligence action brought by the estate administrator. The action arose after the decedent was pulled into a steel wire manufacturing machine and decapitated. The trial court correctly found that the company waived any argument that apportionment of the damages was required or appropriate when it failed to appear at the damages trial. The defaulting companies also failed to present any evidence on apportionment. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1697, Categories: Damages, Product Liability, Wrongful Death
J. McFadden finds that the trial court improperly granted the nephew's motion for partial summary judgment on the aunt's action seeking specific performance of an oral promise given to her by her deceased mother guaranteeing a life estate on family property recently conveyed to the nephew. The trial court incorrectly found that there was no evidence the aunt entered into possession pursuant to the gift of a life estate. The aunt testified that she only returned to the property after her mother promised her the right to live at the property for the rest of her life. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: March 15, 2024, Case #: A23A1302, Categories: Property
J. McFadden finds that the trial court properly ruled in favor of the executrix in an action brought by the cousins challenging the validity of the decedent's will and alleging claims of undue influence and lack of testamentary capacity. The cousins failed to show that the decedent lacked the requisite mental capacity when she signed her will. The decedent's attorney and a notary both testified that the decedent was of sound mind when she executed her will. A doctor's affidavit stating the decedent had dementia does not show that she was unable to make a valid will. There is no evidence that the executor took part in planning or executing the will. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: March 14, 2024, Case #: A24A0111, Categories: Wills / Probate
J. Rickman finds that the trial court improperly refused to rule in favor of the theme park in a negligence action brought by the patron arising from injuries he suffered when another guest crashed into the back of his go-kart. Evidence showed that the patron had previously ridden the go-kart course and knew that the go-karts sometimes bumped each other. He therefore assumed the risk of his injuries. Reversed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: March 14, 2024, Case #: A23A1463, Categories: Negligence
J. McFadden finds that the trial court properly denied defendant's motion for a new trial on his burglary, criminal trespass and criminal attempt to commit a felony convictions. Sufficient evidence was presented to support defendant's burglary conviction. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: March 14, 2024, Case #: A24A0008, Categories: Burglary
J. Dillard finds that the trial court properly convicted defendant of rape, kidnapping, aggravated sodomy and aggravated assault. Defendant waived his ability to challenge the trial court's handling of an incident in which a prospective juror told other jurors, some of whom ended up on the jury, that "he did it." The juror was removed. The decision by defendant's trial counsel not to further question jurors about the incident was strategic and defendant failed to show he was prejudiced by the decision. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: March 14, 2024, Case #: A24A0358, Categories: Ineffective Assistance, Jury, Sex Offender
J. Barnes finds that the trial court properly ruled in favor of the individual in an action brought by the company seeking to quiet title to property. The trial court correctly found that the individual had acquired prescriptive title to the property and declared him the fee simple owner of the property. The individual possessed a deed which was sufficient to bestow on him color of title which ripened into prescriptive title under the statute. Affirmed.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: March 14, 2024, Case #: A23A1762, Categories: Property
J. Barnes finds that the trial court properly ruled in favor of the individual in a breach of contract and conversion action against the business's majority owners. The action arose after the owners refused the individual's attempt to rescind a contract to buy an ownership interest in the business. The trial court correctly awarded the individual money damages against the owners instead of the business. However, the trial court incorrectly ruled in favor of the individual on his claim for attorney fees. Only a jury can find liability and award attorney fees under the statute. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: March 13, 2024, Case #: A23A1705, Categories: Attorney Fees, Contract
J. Watkins finds that the trial court properly ruled in favor of the hospital and the doctor in a breach of contract and declaratory and injunctive relief action brought by the clinic. The trial court correctly found that the doctor was not bound by a non-compete provision in an amended employment agreement. The agreement terminated after the doctor gave written notice of his intent to terminate his employment with the clinic in August 2020. The revised portion of the agreement featuring the non-compete provision would not have become effective until September 2020, after the agreement had already been terminated. The provision therefore never went into effect. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: March 13, 2024, Case #: A23A1627, Categories: Contract
[Consolidated.] J. Mercier finds that the trial court improperly granted the customers' motions for spoliation sanctions in premises liability actions against the convenience store arising after customers were attacked and injured by an assailant while shopping. The customers alleged the store committed spoliation by failing to preserve surveillance footage showing time periods before the attacks. The trial court applied an incorrect standard of review in considering the customers' motions and considered evidence in the light most favorable to the customers rather than the store. Vacated.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: March 13, 2024, Case #: A23A1597, Categories: Sanctions, Premises Liability
J. Doyle finds that the trial court properly granted the ex-husband's and other individuals' motions to dismiss the ex-wife's action with respect to her claims for false-light invasion of privacy, false imprisonment, emotional distress and damage to reputation. The action arose after the ex-husband and others allegedly planted evidence and made false statements to police which led to the ex-wife's arrest for sexual exploitation of children. The charges against her were dismissed. The trial court incorrectly dismissed the ex-wife's malicious prosecution claim on the basis of interspousal tort immunity. The couple was already separated and the actions underlying the complaint were allegedly committed to injure the ex-wife during the divorce proceedings. There was no marital harmony to preserve and no fear of collusion between the parties. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 13, 2024, Case #: A23A1310, Categories: Malicious Prosecution, Privacy
J. Doyle finds that the trial court properly denied the park's motion for a new trial and for judgment notwithstanding the verdict after a jury awarded the widow $22 million in damages in a wrongful death action arising from the husband's death while riding his dirt bike on a park trail. Evidence showed that the owner hit a tree with an excavator, causing the tree to fall onto the husband. The jury could have found that the owner was the agent of each corporate entity or that evidence authorized piercing the corporate veil of each entity. The trial court did not commit any error by refusing to give several of the park's proposed jury charges. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 13, 2024, Case #: A23A1541, Categories: Wrongful Death
J. Watkins finds that the trial court properly granted the department's motion to dismiss the hiker's negligence action arising from injuries he suffered after falling at a state park. The trial court correctly found that the individual's claims were barred by sovereign immunity. The department's policy of preserving the park's natural beauty and historical accuracy guided its decision not to implement metal railings around the crevice where the hiker fell. Since the department was making a policy judgment and not ignoring a hazard, the discretionary function exception applies and the case was correctly dismissed for lack of subject matter jurisdiction. The trial court incorrectly granted the department's motion for summary judgment under the Recreational Property Act. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: March 13, 2024, Case #: A23A1323, Categories: Negligence
J. Watkins finds that the trial court improperly denied the grandmother's petition for adoption and termination of the mother's and father's parental rights. The trial court failed to properly consider the statutory framework and relevant case law in finding that the parents had not abandoned the child. The trial court also incorrectly found that permanent guardianship afforded the child with the same benefits as adoption. Vacated.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: March 13, 2024, Case #: A23A1299, Categories: Family Law
J. Doyle finds that the trial court properly denied the corporation's petition for judicial review to reverse the commission's decision, which found that the power company could provide retail electric service to an electric vehicle charging station in an area exclusively assigned to the corporation under the Georgia Territorial Electric Service Act. The trial court correctly upheld the commission's finding that the Act's large load exception applied. The premises has a single meter and the company is the sole consumer of retail power at the charging stations. Evidence supported the commission's finding that the equipment met the 900 kW threshold for the exception. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 13, 2024, Case #: A23A1381, Categories: Energy