500 results for 'court:"Georgia Court of Appeals"'.
J. Pipkin finds that the trial court improperly ruled in favor of the company on a specific performance claim against the development authority in an action arising from the authority's alleged breach of a property purchase and sale agreement. The company failed to present evidence of the property's value. However, the trial court correctly ruled in favor of the company on the authority's breach of contract and litigation expenses counterclaims. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 13, 2024, Case #: A23A1332, Categories: Real Estate, Contract
J. Rickman finds that the trial court properly convicted defendant of criminal attempt to commit kidnapping but incorrectly convicted defendant of criminal attempt to entice a child for indecent purposes and simple assault. Defendant tried to lure the victim into his car by falsely claiming that her father wanted defendant to pick her up. Although the trial court correctly denied defendant's motion for a directed verdict on the attempted kidnapping offense, there was no evidence that defendant was motivated by an act of indecency or child molestation. The evidence was also insufficient to support defendant's assault conviction. Reversed in part.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: March 12, 2024, Case #: A23A1683, Categories: Assault, Kidnapping, Child Victims
J. Hodges finds that the trial court properly denied defendant's motion to terminate the remainder of his split probation sentence for burglary, theft by receiving stolen property, drug possession and obstruction of an officer. Although the Department of Community Supervision failed to provide notice to the state and the trial court that defendant successfully completed three years of probation, defendant also made no attempt to contact the agency about its responsibility to give notice on the status of his probation under the early probation termination statute. Defendant's sentence was still in force when the state secured a probation violation arrest warrant against defendant. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 12, 2024, Case #: A23A1690, Categories: Probation
J. Rickman finds that the trial court properly denied defendant's motions to dismiss for prosecutorial misconduct the third indictment charging him with sale of a controlled substance and theft in obtaining a controlled substance. Double jeopardy did not bar defendant's prosecution on the third indictment. The trial court also correctly denied defendant's motion seeking access to communications between the state and an expert witness. Affirmed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: March 12, 2024, Case #: A23A1661, Categories: Drug Offender, Double Jeopardy
J. Rickman finds that the trial court improperly convicted defendant, a former police officer, of aggravated assault and violation of oath by a public officer after he fatally shot an unarmed man who was having a mental health crisis. The trial court incorrectly admitted the police department's use of force policy into evidence without identifying and redacting portions of the policy that conflict with Georgia's self-defense law, including a directive instructing officers to exhaust all methods of non-lethal force before using deadly force. It is unlikely that the admission of the policy did not contribute to the verdict because defendant's defense was based entirely on whether he was justified in using lethal force. Defendant may be retried on the aggravated assault offense but not for the violation of oath offense based on a violation of the policy. Reversed in part.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: March 12, 2024, Case #: A23A1506, Categories: Assault, Self Defense
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J. Doyle finds that the trial court improperly denied the company's motion to set aside a default judgment entered against it in a garnishment proceeding brought by the daughter after she obtained a $3.4 million judgment against her deceased mother's nursing home. The daughter served the company with an incorrect garnishment summons. Reversed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 12, 2024, Case #: A23A1736, Categories: Civil Procedure
J. Hodges finds that the trial court properly granted the wholesaling company's motion to dismiss the business partner's derivative action and correctly ruled in favor of the company manager on the partner's breach of fiduciary duty claim. The trial court correctly found that a special litigation committee tasked with reviewing the partner's claims was independent and that an attorney's limited prior professional relationship with a committee member did not affect that independence. The manager had authority to issue the credit memoranda and discounts to the customer. The trial court correctly found his actions were based on reasonable business judgment. However, the trial court partially incorrectly ruled in the manager's favor on the partner's breach of contract claim. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 12, 2024, Case #: A23A1458, Categories: Fiduciary Duty, Contract
[Consolidated.] J. Rickman finds that the trial court improperly failed to grant a directed verdict in the apartment complex owners' favor on all of the mother's theories of liability in a premises liability action brought by the mother after her son was fatally shot inside a leased apartment by another child. The complex owners fully parted with possession of the apartment and are not liable for the negligence of the parent who left a loaded gun around her unsupervised child. Reversed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: March 12, 2024, Case #: A23A1387, Categories: Premises Liability
J. Doyle finds that the trial court properly denied Walmart's motion for judgment notwithstanding the verdict after a jury awarded the couple $300,000 in damages in a negligence action arising from injuries the wife suffered in a slip-and-fall incident due to WD-40 on the floor. The trial court correctly found that the couple was not judicially estopped from recovering damages in excess of $75,000. A functional capability evaluation showed a change in circumstances due to the lingering effects of the wife's physical limitations and disorders. Additional evidence in discovery also showed that the WD-40 leaked onto the floor and was not sprayed by third party individuals. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 12, 2024, Case #: A23A1198, Categories: Damages, Negligence
J. Hodges finds that the trial court properly ruled in favor of the nurse practitioner and medical practice partial owner on the individual's conspiracy claim in an action alleging that the nurse and owner accessed her medical records without authorization in violation of the Georgia Computer Systems Protection Act. However, the trial court incorrectly found in favor of the nurse and owner on the individual's invasion of privacy claim and the claim alleging violation of the Act. Although the individual did not demonstrate general damages, the law allows for either nominal damages or damages for peace, happiness and feelings if invasion of privacy is proven. The trial court incorrectly ruled in favor of the nurse and owner with respect to the individual's claim for attorney fees related to violation of the Act and invasion of privacy. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 12, 2024, Case #: A23A1716, Categories: Damages, Privacy, Attorney Fees
[Consolidated.] J. Doyle finds that the trial court improperly denied the stepmother's motion to strike certain provisions of an interlocutory consent order entered pursuant to the mother's child custody modification petition. The portion of the consent order restricting the stepmother from discussing the custody proceedings with anyone at any time outside of therapy was overly restrictive. The trial court correctly entered orders denying the father's motion to recuse, finding the father in contempt for violating the consent order and denying the father's motion to vacate or modify the consent order. However, the trial court incorrectly entered orders sealing the record without following the proper procedure. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 12, 2024, Case #: A23A1562, Categories: Family Law
J. Hodges finds that the juvenile court improperly determined that it lacked jurisdiction to enter a finding that it would not be in the immigrant child's best interest to be returned to Honduras. The juvenile court found the child dependent and awarded his sister custody and guardianship of him. The juvenile court had a duty to consider and make findings regarding all of the special immigrant juvenile factors. Vacated.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 12, 2024, Case #: A23A1659, Categories: Immigration
J. Doyle finds that the trial court improperly granted the former trustees an interlocutory injunction requiring the current trustees to pay attorney fees and litigation costs incurred by the former trustees. The order arose in a breach of fiduciary duty action brought by the trust beneficiaries against the former trustees. The evidence is insufficient to support the finding that the injunction is necessary to prevent an irreparable harm. The trial court correctly denied the beneficiaries' request that the trust be reimbursed for $4.6 million in fees already paid to the former trustees' attorneys pursuant to an earlier order in the case which was vacated by the appeals court. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 11, 2024, Case #: A23A1402, Categories: Fiduciary Duty, Attorney Fees
J. Watkins finds that the trial court properly denied defendant's amended motion for a new trial on his rape, kidnapping and family violence aggravated assault and battery convictions. Sufficient evidence was presented to support defendant's convictions, including the victim's testimony that she had sex with defendant so he would stop beating her. The trial court correctly admitted into evidence letters defendant sent from jail. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: March 11, 2024, Case #: A23A1516, Categories: Sex Offender, Domestic Violence, Kidnapping
J. Fuller finds that the trial court properly convicted defendant of armed robbery, battery and firearm offenses. Sufficient evidence was presented to support defendant's armed robbery conviction and to allow the jury to find that defendant had a gun while attacking the victim. Although the victim said no gun was used during the incident, an eyewitness told police that defendant was holding a gun while hitting the victim and taking his two phones. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: March 11, 2024, Case #: A23A1575, Categories: Firearms, Robbery
J. Dillard finds that the trial court improperly denied defendant's motion to suppress evidence of unopened cigarette packages and a hammer found in his lunch bag. Defendant was indicted for burglary and possession of tools for the commission of a crime. Police officers had reasonable, articulable suspicion to detain defendant for further investigation based on his presence in the vicinity of a crime during the early morning hours and his decision to flee from a deputy even before the deputy made any contact. However, the search of defendant's bag was not supported by reasonable, articulable suspicion. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: March 11, 2024, Case #: A23A1677, Categories: Burglary, Search
J. Land finds that the trial court properly granted defendant's motion to suppress the results of a blood test for drugs. Defendant was charged with DUI offenses. The warrant was specifically limited to the drawing and testing of defendant's blood for alcohol and made no mention of testing for drugs. The warrant therefore did not authorize the drug testing. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: March 8, 2024, Case #: A23A1769, Categories: Search, Dui
J. Watkins finds that the trial court properly sentenced defendant following his guilty plea to obscene internet contact with a child, sexual exploitation of children and electronically furnishing obscene material to minors. The trial court did not commit any error by denying defendant the opportunity to present additional mitigation evidence at the resentencing hearing which occurred on remand after the appeals court's previous decision. Defendant had already presented mitigation evidence at his earlier sentencing hearing. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: March 8, 2024, Case #: A23A1484, Categories: Sentencing, Sex Offender, Due Process
[Consolidated.] J. Doyle finds that the trial court improperly refused to rule in favor of the insurer in an action against the insured seeking a declaratory judgment that policies it issued to the insured did not cover liability for injuries suffered by the employee at a job site. The employee's injury arose out of his employment with the insured because he was sitting in his car about to leave a job site for lunch when he was hit by a logging skidder driven by his supervisor. Any liability was precluded by the policy language excluding coverage for workplace injuries already covered by the Workers' Compensation Act. Reversed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 7, 2024, Case #: A23A1263, Categories: Insurance, Workers' Compensation
[Consolidated.] J. Doyle finds that the trial court improperly denied in part the teacher's motion to dismiss the individual's negligence action arising from burn injuries the student suffered during a high school chemistry class experiment. The trial court incorrectly found that the teacher violated a ministerial duty by failing to provide students observing her demonstration with an applicable safety contract or failing to require them to wear safety goggles. Teachers had a duty to distribute the safety contract before students participated in an experiment but there was no duty to do so before students observed a demonstration. Various ordinances and codes did not create ministerial duties for the teacher. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 7, 2024, Case #: A23A1470, Categories: Negligence
[Consolidated.] J. Hodges finds that the trial court properly ruled in favor of the stadium and security company with respect to the individual's negligence and vicarious liability claims arising from injuries she suffered in a brawl at a college football game. The individual had a clear choice to approach the fight or not and knew that entering the fight might be dangerous because she had already been knocked down once. However, the trial court improperly ruled in favor of the father and son on the individual's assault and battery claims. The argument made by the father and son as to the individual's assumption of risk is not a valid defense to assault and battery. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 6, 2024, Case #: A23A1449, Categories: Negligence, Assault
J. Markle finds that the trial court improperly denied the employer's motion to dismiss the employee's disability discrimination and retaliation action and incorrectly found that the employer waived its sovereign immunity to the employee's federal claims pursuant to the appeals court's 2002 decision in Williamson v. Dept. of Human Resources. The employee was demoted and fired due to absenteeism after she was diagnosed with breast cancer. The earlier case determining that the legislature waived a state actor's sovereign immunity to federal discrimination claims by enacting the Fair Employment Practices Act was wrongly decided. The Act does not waive the state's immunity to ADA claims. Reversed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: March 5, 2024, Case #: A23A1467, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Hodges finds that the trial court improperly entered a 12-month stalking protective order against a former father-in-law, prohibiting him from coming around or contacting his former son-in-law. The son-in-law failed to show that the father-in-law's actions put him in reasonable fear for his safety. The son-in-law claimed the father-in-law put a tracking device on his vehicle but there is no evidence that the father-in-law engaged in any pattern of intimidating or harassing behavior. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 5, 2024, Case #: A23A1534, Categories: Restraining Order
J. Mercier finds that the trial court properly granted the hospital's motion to dismiss negligence, promissory estoppel and pain and suffering claims in a medical malpractice action brought by the widow after her husband's death. The widow failed to file an expert affidavit, which was necessary because her claims were based on questions about the propriety of medication administered to the husband and therefore fell into the realm of professional malpractice rather than simple negligence. However, the trial court incorrectly ruled in favor of the hospital on the widow's battery claim alleging that the hospital performed surgery without consent. The widow pointed to evidence that the husband's signature on a permission form was forged. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: March 5, 2024, Case #: A23A1589, Categories: Medical Malpractice
J. Gobeil finds that the trial court improperly issued a writ of possession to the landlord in a dispossessory dispute and incorrectly ordered the tenant to pay rent and $209,000 in back-due rent in contradiction of an agreement between the parties. Language in the agreement's consent order unambiguously ceased the tenant's obligation for further rental payments. Reversed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: March 4, 2024, Case #: A23A1546, Categories: Landlord Tenant, Contract
J. Doyle finds that the trial court properly denied defendant's motion to suppress evidence found during a warrantless search of his vehicle which led to his arrest and charge for possession of psilocyn. The police officer's determination of probable cause to search the vehicle was based on the totality of her observations, not solely on her perception that the vehicle smelled like marijuana without accounting for the smell of a legal CBD cigarette. Defendant stopped his vehicle beyond the stop line at a red light, had an expired out-of-state tag and had bloodshot, red eyes. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 4, 2024, Case #: A23A1619, Categories: Drug Offender, Search
J. Miller finds that the trial court properly ruled in favor of the amusement park in a negligence action brought by the guest arising from injuries she suffered while exiting a ride. The trial court did not commit any error in excluding portions of the guest's affidavit testimony. The trial court was clear enough in denoting which portions of the guest's affidavit testimony contradicted her deposition testimony. The contradictions included the guest's recollections as to how many park employees were at the ride and whether the ride basket rose as she exited. The guest failed to offer an explanation for the contradictory testimony. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: March 1, 2024, Case #: A23A1431, Categories: Negligence
J. Gobeil finds that the trial court improperly granted the application by the affiliated company's former CEO to inspect the company's corporate books and incorrectly ordered the company to pay costs. The trial court ruled on the ex-CEO's application before giving the company a reasonable opportunity to prepare and present defenses against the application. Vacated.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: March 1, 2024, Case #: A23A1726, Categories: Civil Procedure
J. Fuller finds that the trial court properly ruled in favor of the brokerage firm and two agents in a fraud and negligence action brought by the houseboat buyer after the boat began to leak. The buyer sought revocation and rescission of the purchase agreement. The contract specifically stated that no representations were made by the firm other than those in the agreement and included a disclaimer disavowing all warranties. The buyer therefore could not have justifiably relied on the firm's oral representations about the boat. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: March 1, 2024, Case #: A23A1551, Categories: Fraud, Contract
J. Miller finds that the trial court improperly awarded $110,000 in loss of use damages to a homeowner in a negligence, fraud and breach of contract action against a specialty window seller. The homeowner alleges that her decks were demolished, her sunroom was not completed and the windows were not delivered. The trial court incorrectly calculated the damages. However, the trial court otherwise ruled properly in favor of the homeowner. There was sufficient evidence to allow the trial court to exercise personal jurisdiction over the window seller, including evidence showing that the seller transacted business in Georgia through its retention of an Atlanta-area agent. Reversed in part.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: March 1, 2024, Case #: A23A1262, Categories: Damages, Contract