500 results for 'court:"Georgia Court of Appeals"'.
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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
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
J. McFadden finds that the trial court properly convicted defendant of possession of a controlled substance and correctly denied defendant's motion to suppress evidence of drugs discovered in his shared bedroom. A probation officer for the individual with whom defendant shared the bedroom conducted the warrantless search because the individual recently tested positive for methamphetamine and had given an incorrect home address. Defendant did not expressly refuse consent for the search. Defendant failed to show that he was prejudiced by his trial counsel's failure to pursue the motion to suppress. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: January 2, 2024, Case #: A23A1421, Categories: Drug Offender, Ineffective Assistance, Search
J. Hodges finds that the trial court properly dismissed a negligence action brought by an individual against a driver and an employer for injuries she suffered in a car collision. The trial court correctly found that the tolling statute did not apply because the individual has not shown she is a victim. The two-year statute of limitation was not tolled based on any hypothetical crime committed by the driver. The driver was not charged with a traffic violation. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: December 29, 2023, Case #: A23A1252, Categories: Negligence
J. Fuller finds that the trial court improperly ruled in favor of the driver and the insurer on the wife's claim for loss of consortium arising after her husband was injured in a car collision. The husband's earlier action and renewal action against the driver and insurer were dismissed. The wife's claim in the separate action was an independent claim which was not barred by the dismissal of the husband's action. Reversed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: December 28, 2023, Case #: A23A1465, Categories: Negligence
J. Rickman finds that the trial court improperly revoked the entire balance of defendant's 10-year suspended sentence for being a felon in possession of a firearm after defendant failed to attend an inpatient drug treatment program. Entrance into a treatment program was a general condition of defendant's suspended sentence rather than a special condition. The trial court's statement to defendant that his sentence would become "unsuspended" and he would have to "do some time in the penitentiary" if he was refused entry into a program for recent drug use did not inform defendant that violation of the condition would require him to serve up to the balance of his original sentence in confinement. The trial court was not authorized to revoke more than two years of defendant's suspended sentence. Reversed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: December 28, 2023, Case #: A23A1600, Categories: Sentencing
J. Fuller finds that the trial court properly convicted defendant of rape, aggravated assault and false imprisonment. Defendant was acquitted of other rape and aggravated assault charges. The verdicts against him were not repugnant. A prosecutor's reference to defendant's past conviction for aggravated assault and propensity to commit crimes was improper but probably did not impact the trial outcome. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: December 22, 2023, Case #: A23A1751, Categories: Sex Offender, Assault
[Consolidated.] J. Pipkin finds that the trial court properly entered default judgments in a quo warranto action brought by individuals seeking to remove two city council members from the council. The individuals claimed the council members did not meet the residency requirements. The trial court correctly struck one council member's answer and defenses due to intentional discovery violations. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: December 21, 2023, Case #: A24A0389, Categories: Sanctions
J. Dillard finds that the trial court properly convicted defendant of theft by taking and exploitation and intimidation of a disabled adult, elder person or resident. The trial court correctly denied defendant's motion for a new trial. Defendant's convictions are not mutually exclusive because there is no requirement that defendant must have been in possession of the victim's property unlawfully to commit the offense of exploitation of a disabled adult. Defendant exploited the victim's resources for her benefit under the false pretense that she was protecting the victim's property. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: December 19, 2023, Case #: A23A1318, Categories: Theft
J. Dillard finds that the trial court properly convicted defendant of armed robbery, aggravated assault, aggravated battery, possession of a firearm during the commission of a felony and other offenses. The trial court correctly allowed the co-defendant to identify defendant in surveillance footage of the armed robbery. The co-defendant lived with defendant and was familiar with defendant's appearance. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: December 19, 2023, Case #: A23A1446, Categories: Robbery, Assault, Battery
J. McFadden finds that the trial court properly convicted defendant of incest and statutory rape. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance in meeting with him in person only three times, not seeking a continuance to secure testimony from two witnesses and failing to file a special demurrer. The evidence of defendant's guilt was strong and included DNA evidence that defendant fathered his daughter's child when she was under the age of 16. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: December 14, 2023, Case #: A23A1377, Categories: Ineffective Assistance, Sex Offender
J. Miller finds that the trial court properly convicted defendant of vehicular homicide. The trial court correctly found that juror misconduct did not contribute to the verdict. Jurors admitted to obtaining extrajudicial information by Googling the difference in the severity of the charges. The jurors were already aware based on their general knowledge and the description of the crimes in the indictment that first-degree vehicular homicide was a more serious offense and carried a harsher punishment than second-degree vehicular homicide. The two jurors' research into the meaning of "first degree" and "second degree" was therefore harmless because the information the searches revealed was already known to the jury. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: December 13, 2023, Case #: A23A1258, Categories: Jury, Vehicular Homicide
J. Brown finds that the juvenile court properly found the immigrant child to be dependent and awarded temporary custody of the child to the uncle. However, the juvenile court failed to make findings related to the child's special immigrant juvenile status. The case is remanded to allow the juvenile court to make specific written findings as to five immigration factors. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: December 12, 2023, Case #: A23A1775, Categories: Family Law, Immigration
J. McFadden finds that the trial court improperly convicted defendant of forgery and making a false statement. The trial court incorrectly removed a juror and replaced her with an alternate after the jury deadlocked during deliberations. The trial court's inquiry into whether or not the juror was participating in deliberations did not elicit adequate facts to allow for removal. The record does not show that the juror completely refused to deliberate or that the trial court questioned the juror about whether she stopped deliberating due to concerns about a co-defendant's mental state. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: December 11, 2023, Case #: A23A1278, Categories: Jury, Forgery
J. Land finds that the trial court properly convicted defendant of aggravated assault and reckless conduct for firing a rifle at a family who was fishing on the river near his property. The trial court correctly admitted evidence of five other acts committed by defendant, including evidence that defendant brandished guns during disputes with neighbors and police and admitted to shooting at people near his house in the past. Sufficient evidence was presented to support defendant's convictions. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: December 8, 2023, Case #: A23A1629, Categories: Assault
J. Brown finds that the trial court properly dismissed a renewal action brought by a driver against a teenager arising from a car collision. The trial court correctly found that the driver failed to properly serve the teen and the teen's parent with a copy of the summons and complaint in the original action. Since service was not perfected in the original action, the suit was not a valid action when it was voluntarily dismissed by the driver. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: December 8, 2023, Case #: A23A1328, Categories: Civil Procedure, Negligence
J. Hodges finds that the trial court properly denied the ex-wife's motion to appoint a guardian ad litem after the ex-husband sought primary physical custody of the couple's daughter. The trial court correctly found that a guardian ad litem was not necessary in the action. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: December 7, 2023, Case #: A23A1644, Categories: Family Law
J. Watkins finds that the trial court improperly sentenced defendant to 20 years with five to be served in prison and the rest on probation following his guilty plea to armed robbery and other offenses. The trial court exceeded its discretion and imposed a void sentence in departing from the mandatory minimum sentencing deviation which had already been agreed to by the state and the defense. The agreement was for a sentence of six years in prison. Vacated.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: December 6, 2023, Case #: A23A1394, Categories: Robbery, Sentencing
J. Barnes finds that the trial court improperly denied the chiropractors' motion to dismiss a medical malpractice action brought by the couple arising from permanent spinal cord injuries the wife suffered after receiving chiropractic adjustments to her spine. A professional negligence action alleging that a chiropractor breached the standard of care is subject to the five-year statute of repose applicable to medical malpractice actions. Since chiropractors are authorized to give patients health treatments and care, an action alleging professional negligence against a chiropractor meets the statutory definition of an action for medical malpractice. The couple's renewal action is therefore time-barred. Reversed.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: December 4, 2023, Case #: A23A1225, Categories: Medical Malpractice
J. Mercier finds that the trial court improperly granted defendant's motion to suppress evidence of other acts related to defendant's alleged sexual assault of four prior victims. Defendant has been indicted for rape, sexual battery, false imprisonment and other offenses. The victims all say defendant sexually assaulted them while performing spiritual cleansing rituals. The prior alleged acts are very similar to the current alleged crime, occurred close in time to the charged offense and are necessary to show the victim's lack of consent. Reversed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: December 4, 2023, Case #: A23A1737, Categories: Evidence, Sex Offender