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 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.
Coomer , Judge . This case comes to us for a third time on appeal. 1 Southern States Chemical, Inc., and Southern States Phosphate and Fertilizer Company (collectively, "Southern") appeal the trial court's order granting Tampa Tank & Welding, Inc. f/k/a Tampa Tank, Inc. ("Tampa Tank") and Corrosion Control, Inc.'s ("CCI") (collectively "Appellees") motion for summary judgment. In its third appearance before this Court, Southern argues that the statute of repose, OCGA 9-3-51 (a), is not...
Order Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby DENIED.
Doyle , Presiding Judge . The State appeals from the grant of Wesley O'Neal's motion to quash an indictment accusing him of violating his public oath, committing simple battery, and making a false statement in connection with his employment as a corrections officer. The trial court granted the motion to quash on the ground that the State failed to follow the notice and other procedural requirements in OCGA 17-7-52, which is applicable to certain indictments against peace officers. On...
Order Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby DENIED.
Order In this criminal case against defendant Gary Whittle, Lieutenant David Matthew Haney of the Glynn County Police Department testified at the hearing on Whittle's motion to withdraw his guilty plea. The trial court granted Whittle's motion to withdraw his plea, concluding under Brady v. Maryland, 373 U.S. 83 (83 S.Ct. 1194, 10 S.W.2d 215) (1963), and Giglio v. United States, 405 U.S. 150 (92 S.Ct. 763, 31 S.W.2d 104) (1972), that the State had suppressed exculpatory evidence and...
Doyle , Presiding Judge . In Plummer v. Plummer, 1 the Supreme Court of Georgia reversed this Court's opinion in Plummer v. Plummer. 2 Accordingly, we vacate our prior opinion, and we adopt the opinion of the Supreme Court. The judgment of the trial court is reversed. Judgment reversed. Miller, P. J., and Reese, J., concur. FootNotes 1. 305 Ga. 23, 823 S.E.2d 258 (2019). 2. 342 Ga.App. 605 , 804 S.E.2d 179 (2017).
Reese , Judge . Raymond Wright, Sr., Laquita Pope, and their three minor children, along with Amineh Wright Dickson, Connie Wright Alexander, and Cornelius Wright III 1 (collectively, the "Appellants") sued the City of Greensboro ("City"). In their complaint, the Appellants alleged that the City's negligence in maintaining a sewer line that ran through their property ("Property") resulted in a continuing nuisance that damaged the Property and created a serious health hazard. The trial...
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.
Order On December 17, 2018, Hart County Superior Court revoked the balance of Willjarvis Tyrell McIntosh's probation. McIntosh filed an application for discretionary review in this Court, which we granted. See Case No. A19D0288 (Feb. 5, 2019). Thereafter, based on our grant of his application, McIntosh filed a notice of appeal in Elbert County, purporting to appeal from that court's December 14, 2018 order revoking his probation. We lack jurisdiction. Pursuant to OCGA 5-6-35 (a) (5),...
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 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.
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.
