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COA Clarifies the Proper Standard for Substituting John Doe Defendants and the Correct Standard for Determining Personal Jurisdiction on a Motion to Dismiss
In Monroe v. Mayfield Self Me-064 Storage , the Court of Appeals recently tackled two key procedural issues: (1) the proper method for...
Annie Seay
Jan 28, 20253 min read
Court of Appeals Offers "Collusion" Definition for Vanishing Venue Disputes
The Court of Appeals of Georgia has stated – for the first time – a definition of collusion in the context of vanishing venue. Proof of...
Sam Mullman
Sep 23, 20243 min read
Georgia Court of Appeals Changes Standard from Clearly Erroneous to De Novo to Govern Self-Contradictory Testimony
The Court of Appeals has overturned decades of precedent on the question of the standard for self-contradictory testimony in Pollard v....
Sam Mullman
Jun 26, 20243 min read
Check Terms Can Alter Unequivocal Settlement Agreement Terms
The Court of Appeals of Georgia has found a settlement agreement lacking in the essentials of contract formation where an offeree...
Sam Mullman
Apr 2, 20242 min read
COA Reviews Alternative Service on LLC's Registered Agent/Office
The Georgia Civil Practice Act allows for service of an entity via its registered agent. O.C.G.A. § 9-11-4 (e) (1). However, there are...
Sam Mullman
Mar 28, 20234 min read
Practice Tip: Object to Jury Charge at Charge Conference and When Jury Returns the Verdict
The form of a verdict and the submission of a special verdict are within the discretion of the trial court, and, absent an abuse of that...
Sam Mullman
Nov 22, 20223 min read
Indivisible Judgment Rule Applies to Judgments Without Apportionment
The Court of Appeals of Georgia reversed a trial court that refused to apply the indivisible judgment rule based on the underlying...
Sam Mullman
Nov 11, 20222 min read
Notice of Suit Does Not Waive Defense of Lack of Service
The Court of Appeals of Georgia ruled that notice of a lawsuit does not waive the defense of lack of service. IMC Construction Company,...
Sam Mullman
Oct 18, 20223 min read
When A Statute of Limitations Begins to Run Must be Analyzed Separately For Each Claim Asserted
The Supreme Court of Georgia has clarified that when a statute of limitations begins to run is contingent on the underlying elements of...
Sam Mullman
Sep 22, 20226 min read
Court of Appeals Discusses Applicability of O.C.G.A. §§ 9-11-37 (a)(4) and (b)(2) to Non-Parties
The Court of Appeals clarified that O.C.G.A. § 9-11-37 (a) (4), which authorizes an award of attorney’s fees in connection with a motion...
Sam Mullman
Aug 4, 20224 min read
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