Order Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby DENIED.
Doyle , Presiding Judge . Denis Weickert filed a negligence action against Home Depot U.S.A., Inc., after he slipped and fell in water on the floor of the garden center in one of its stores. Weickert appeals the trial court's grant of summary judgment to Home Depot, arguing that (1) he lacked knowledge of the "specific hazard" that caused his fall, and (2) he was distracted by a Home Depot employee, such that he was prevented from seeing the hazardous condition. For the reasons that follow,...
Order Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby DENIED.
Miller , Presiding Judge . Danny Patton was injured when the truck in which he was riding struck a fallen power cable in the roadway. He sued Cumberland Corporation, alleging that it had acted negligently in conducting a controlled burn on property it owned adjacent to the damaged power pole and cable. The trial court granted summary judgment to Cumberland, finding that the Prescribed Burning Act, OCGA 12-6-148, shielded Cumberland from liability because it had not acted with gross...
Order Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby DENIED.
Order Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby DENIED.
Bethel , Judge . In this workers' compensation action, an administrative law judge ("ALJ") for the State Board of Workers' Compensation granted Celia Norris Johnson's claim for benefits after finding that she sustained an injury arising out of and in the course of her employment. The Board's Appellate Division ("Appellate Division") reversed the ALJ's decision, finding no evidence to support the award, and denied benefits. Johnson then appealed to the Superior Court of Bartow County, which...
McMillian , Judge . In these consolidated appeals, Cherokee Main Street, LLC ("Cherokee") and TJX Companies, Inc. ("TJ Maxx") appeal from the trial court's denial of their motions for summary judgment in a premises liability action filed by Pamela J. Ragan seeking to recover for injuries suffered when she was struck by a car in a shopping center parking lot. We find that Cherokee and TJ Maxx were entitled to summary judgment because Ragan has failed to show that they had superior knowledge...
Reese , Judge . A jury found Robert Diaz guilty of homicide by vehicle in the first degree, driving under the combined influence ("DUI") of drugs to the extent that it was less safe for him to drive, and failure to maintain a lane. 1 He appeals from the judgment on his convictions, arguing that the trial court erred in admitting the results of a state-administered blood test, his statement to a law enforcement officer, and evidence that he was impaired by drugs on days other than the date...
Order On August 11, 2017, the superior court entered an order denying filing of a mandamus petition submitted by prisoner Jarvis Ware. 1 Ware filed an application for discretionary appeal on November 6, 2017. 2 We lack jurisdiction. To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA 5-6-35 (d). The requirements of OCGA 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance...
Order In 2004, Kyjuane Chatman pled guilty to possession of marijuana, a jury found him guilty of rape and other related charges, and the trial court imposed a total sentence of life in prison. We affirmed Chatman's judgment of conviction on appeal. Chatman v. State, 283 Ga.App. 673 ( 642 S.E.2d 361 ) (2007). In 2017, Chatman attempted to file a petition for a writ of mandamus naming a superior court judge as the defendant. The trial court denied filing of the petition under OCGA 9-15-...
Order Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of this order. The Clerk of Superior Court is directed to include a copy of this order in the record transmitted to the Court of Appeals.
Order Prisoner Casey Ates has filed an original mandamus petition in this Court. In the petition, Ates states that in 2010, he obtained a judgment in Bibb County Superior Court, presumably against the State. In 2017, Ates filed a "claim" in Fulton County Superior Court seeking to collect the judgment. 1 According to Ates, the Fulton County Superior Court "refuse[d] to prosecute [his] claim." Ates, however, has not included any order from Fulton County Superior Court disposing of his claim....
Order Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of this order. The Clerk of Juvenile Court is directed to include a copy of this order in the record transmitted to the Court of Appeals.
Order Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby DENIED.
Order In 2011, LaBarrion Harris pleaded guilty to armed robbery, aggravated assault, aggravated battery, and possession of a firearm during the commission of a felony. He was sentenced to a total term of imprisonment of 35 years, with the first 20 years to serve in prison and the remainder on probation. Harris did not file a direct appeal. In March 2017, Harris filed a motion to vacate void sentence, arguing, in pertinent part, that the codification of Georgia laws pursuant to a 1978...
Order Upon consideration of the APPELLANT'S motion FOR PERMISSION TO WITHDRAW THE APPEAL in the above styled case, it is ordered that the motion is hereby GRANTED.
Order Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of this order. The Clerk of State Court is directed to include a copy of this order in the record transmitted to the Court of Appeals.
Order Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby DENIED.
Order In July 2017, Ronald G. Ayton attempted to file a mandamus petition seeking an order compelling the Georgia Board of Pardons and Paroles to release him from prison. He argued that the Georgia Department of Corrections had computed his sentence upon revocation of his parole incorrectly such that he should have already been released from prison. The trial court screened the complaint, pursuant to OCGA 9-15-2 (d), and denied it for filing. Ayton then filed a direct appeal to the Georgia...
