21 results for 'judge:"Gobeil"'.
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. 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. Gobeil finds that the trial court properly rejected the board's motion to dismiss the taxpayer's appeal of a property valuation decision. The taxpayer's appeal was timely. The 30-day deadline is calculated from the date the taxpayer receives the decision in the mail, not the date when it is sent by the board. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: February 16, 2024, Case #: A23A1530, Categories: Civil Procedure, Tax
[Consolidated.] J. Gobeil finds that the trial court properly ruled in favor of the county in the taxpayers' actions challenging the county's 2015 and 2017 valuations of their real property interests. The county correctly included the separate value of the taxpayers' memberships in a private recreational club when appraising their property interests and calculating ad valorem taxes. Membership in the club automatically transferred with the sale of an ownership interest, therefore membership is inextricably bound with the sale of the properties. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: February 5, 2024, Case #: A23A1344, Categories: Property, Tax
J. Gobeil finds that the trial court properly denied the motel owner's motion for summary judgment in a negligence action brought by a guest arising from sex trafficking crimes committed against her on the motel's premises while she was a minor. The trial court correctly denied the motion as to the guest's negligence claim based on premises liability. Genuine disputes of fact exist as to whether the crime committed against the guest was reasonably foreseeable to the motel owner and whether the motel owner breached its duty of care by failing to take adequate security measures. However, the trial court incorrectly denied the motion for summary judgment with respect to the guest's nuisance and attorney fees claims. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: October 31, 2023, Case #: A23A0942, Categories: Negligence, Premises Liability
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J. Gobeil finds that the trial court improperly overturned the administrative law judge's decision denying the compensability of the employee's right knee injury sustained after an earlier left knee injury that occurred while he was at work as a correctional officer. Although the trial court correctly found that the administrative law judge violated the employee's rights to notice by making findings of fact related to the left knee, the trial court should have remanded the case to the board for an evidentiary hearing. Vacated.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: October 27, 2023, Case #: A23A0989, Categories: Workers' Compensation
J. Gobeil finds that the trial court properly denied the surgeon's and employer's motion to dismiss a medical malpractice action brought by the couple arising from injuries the wife suffered as a result of an elective back surgery in May 2020. The surgeon and employer are not immune from suit under an executive order handed down by the governor designating employees and contractors of healthcare institutions "auxiliary emergency management workers" and directing that services performed by them during the Covid-19 emergency should be considered emergency management activities. The executive order did not render the wife's non-Covid-19 related spinal surgery an emergency management activity. The surgeon failed to show that he was engaged in emergency management activities when he performed the actions that allegedly led to the wife's injuries. The trial court correctly denied the surgeon's and employer's request to compel arbitration. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: October 25, 2023, Case #: A23A0892, Categories: Medical Malpractice, Covid-19
J. Gobeil finds that the trial court properly ruled in favor of the city, police chief and police officer in a wrongful death and negligence action brought by a mother and an individual arising from the decedent's death during a high-speed police chase. The mother's and individual's claims against the officer in his individual capacity are barred by qualified immunity because the officer's decision to eliminate the threat of danger by intentionally hitting the decedent with his vehicle was objectively reasonable. The officer saw the decedent exit his vehicle while holding an object that appeared to be a gun and a gun with the decedent's fingerprints was found at the scene. The officer's use of the vehicle to hit the decedent did not amount to a negligent use of a covered vehicle under the statute such that it would give rise to a waiver of sovereign immunity. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: October 19, 2023, Case #: A23A0676, Categories: Negligence, Wrongful Death, Police Misconduct
J. Gobeil finds that the trial court properly dismissed the company's action against the county seeking a refund of excess property taxes. The trial court correctly found that sovereign immunity barred the action. The company's payments in lieu of taxes are not a tax or license fee and were distinguishable from typical taxes because the company was obligated to make the payments due to a voluntary lease with the property owner. The tax bill was issued to the property owner and forwarded to the company. The payments in lieu of taxes owed by the company were also heavily discounted based on a formula in the lease. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: October 19, 2023, Case #: A23A0694, Categories: Property, Tax
J. Gobeil finds that the trial court improperly granted the company's petition for a writ of certiorari and ruled that a default judgment was incorrectly entered in favor of the individual in a breach of contract action. The trial court failed to properly analyze whether the individual showed that substituted service upon the Secretary of State was proper under the statute to perfect service on the company. Reversed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: October 11, 2023, Case #: A23A0872, Categories: Civil Procedure, Contract
J. Gobeil finds that the trial court properly re-sentenced defendant to 30 years in prison for his burglary and theft by taking convictions. Defendant's theft by taking convictions were merged and he was not punished multiple times for the same crime when he was sentenced to 10 years for the merged conviction. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: September 19, 2023, Case #: A23A0875, Categories: Burglary, Sentencing, Theft
J. Gobeil finds that the trial court improperly refused to find in favor of the hotel in a negligence action brought by the individual arising after the hotel allowed a guest to check in using a stolen copy of the individual's ID and a third party's debit card. Police issued an arrest warrant for the individual after the guest made unauthorized purchases with the debit card, leading to the individual's arrest. The individual failed to allege that she suffered any physical harm as a result of the hotel's conduct and there is no evidence that the hotel breached any legal duty. Since the guest made the hotel reservation through a third-party website, the hotel's policy only required its employees to check that the name on her ID matched the reservation. Reversed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: September 12, 2023, Case #: A23A1016, Categories: Negligence
J. Gobeil finds that the trial court improperly granted the individual's petition for writ of quo warranto claiming that a retroactive first offender statute was unconstitutional because it gave judicial powers to the district attorney. The individual pleaded guilty in 2009 to homicide by vehicle but was not sentenced as a first offender. The district attorney later refused to consent to the allow the individual's counsel to file a petition pursuant to the statute to seek resentencing as a first offender. The individual is challenging the district attorney's action while in office rather than challenging his qualifications or right to hold office. The individual's action therefore does not implicate the purpose of the statute. Reversed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: September 6, 2023, Case #: A22A1646, Categories: Civil Procedure
J. Gobeil finds that the trial court properly granted the clinic's motion to exclude testimony from two of the widow's experts in a medical malpractice and wrongful death action arising from the husband's death due to multi organ failure from severe malaria. The trial court correctly excluded the hospitalist's causation opinions and standard of care opinions, as well as the internal medicine doctor's general causation opinion. The experts' causation opinions were not based on reliable methodology. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: September 6, 2023, Case #: A23A0735, Categories: Experts, Wrongful Death, Medical Malpractice
J. Gobeil finds that the trial court properly convicted defendant of meth trafficking, possession of oxycodone, possession of drug-related objects and a firearm offense. The trial court correctly denied defendant's motion to suppress evidence found during a search of his vehicle. The stop of defendant's vehicle for a headlight violation was valid and defendant failed to show that a free-air sniff conducted with a drug dog within five minutes of the initial stop unreasonably prolonged the initial detention. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: July 24, 2023, Case #: A23A0637, Categories: Drug Offender, Firearms, Search
J. Gobeil finds that the trial court properly convicted defendant of sexual exploitation of children. Statements made by defendant, a member of the U.S. Army, to the detective while defendant was being questioned in the presence of his commanding officer were voluntary. The commander and an agent left the commander's office while the interview between defendant and the detective occurred. Defendant said he knew he was not under arrest and was able to leave the office voluntarily with the detective. Any error the trial court committed in charging the jury was unlikely to affect the trial outcome. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: June 30, 2023, Case #: A23A0037, Categories: Sex Offender, Child Pornography, Jury Instructions
J. Gobeil finds that the trial court properly granted punitive damages and attorney fees to the peach farmer in a trespass action brought against the farm arising after the farm's property manager locked the gates to a peach orchard where the farmer was harvesting fruit. The trial court correctly denied the farm's pre-trial motions and admitted evidence of the farm owner's statements during a settlement negotiation because they showed his demeanor and state of mind toward the farmer and were therefore relevant to the jury's decision whether to award punitive damages. The jury instructions were accurate and there is no indication the jury was confused by the burdens of proof. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: June 29, 2023, Case #: A23A0438, Categories: Jury, Damages, Attorney Fees
J. Gobeil finds that the trial court properly convicted defendant of aggravated child molestation and child molestation. Defendant failed to show that he was harmed by the decision to deny his motion for a continuance to review newly produced discovery. Defendant failed to show that his trial counsel performed deficiently. However, the trial court incorrectly sentenced defendant to the maximum statutory punishment without a split sentence. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: June 29, 2023, Case #: A23A0367, Categories: Sentencing, Sex Offender, Child Victims
J. Gobeil finds that the trial court properly convicted defendant of burglary and criminal damage to property. The trial court did not commit any error by ordering defendant to wear a shock belt after a physical altercation with his trial counsel during a recess. Defendant lunged at his counsel and pulled on counsel's tie, prompting counsel to start punching defendant. Defendant's right to be present at critical stages of the proceedings was not violated when the trial court held in-chambers meetings with the prosecutor and trial counsel outside defendant's presence. Defendant failed to show that the meetings, which involved conversations about the altercation, impacted the trial. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: June 27, 2023, Case #: A23A0137, Categories: Burglary, Property Crimes
[Consolidated.] J. Gobeil finds that the trial court properly dismissed the former manager's claims against the attorney and the law firms. The firms were not strangers to the operating agreement or to the underlying business relationship between the former manager, the customer and the company. The attorney had a financial interest in one of the parties to the operating agreement and is therefore not a stranger to the contract or to the business relationship giving rise to the contract. The former manager's allegations against the other attorney related to conduct undertaken in the scope of representing the company. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: June 23, 2023, Case #: A21A1060, Categories: Contract
J. Gobeil finds that the trial court improperly denied the mayor's motion to dismiss an action brought by the newspaper seeking production of documents under the Open Records Act related to a Georgia Government Transparency and Campaign Finance Commission complaint. The commission alleged that the mayor improperly utilized campaign contributions. The trial court incorrectly entered a final judgment against the mayor before giving him a full and fair opportunity to respond. The mayor was not notified that the trial court intended to enter a final judgment against him on the merits at the hearing on the motion to dismiss. Reversed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: June 6, 2023, Case #: A23A0336, Categories: Civil Procedure, Public Record