Justia Civil Procedure Opinion Summaries

Act No. 138 (House Bill 279 or the “Act”) established three new seats on the Court of Appeals, to which, Governor Nathan Deal appointed Amanda H. Mercier, Nels S.D. Peterson, and Brian M. Rickman. In this action, John Clark, Ivory Kenneth Dious, Francys Johnson, Jr., Henry C. Ficklin, and Darryl A. Momon (collectively referred to as “Clark”) contended that the new judges were improperly appointed. After considering the Georgia Constitution, related statutory authority, and the history of judicial appointments to the Court of Appeals, the trial court held that the 1983 Georgia Constitution permitted the Governor to fill newly created seats on the Court of Appeals by appointment. Clark then appealed, and, in addition, filed an emergency motion for supersedeas, again to prevent the Governor from administering the oath of office to the appointees. The Supreme Court denied the emergency motion on December 18, 2015. The Governor also filed a cross-appeal, contending that the trial court erred in its determination that sovereign immunity did not protect him from the injunction and declaratory judgment action brought against him. The new Court of Appeals judges took office on January 1, 2016. The only part of this action which remained viable for the Supreme Court's review was Clark’s petition for a writ of quo warranto, which became ripe at the time that the new judges assumed office. Throughout this litigation, Clark contended that OCGA 15-3-4 (b) was unconstitutional because the Georgia Constitution required that Court of Appeals judges who fill newly created seats must be selected by a general nonpartisan election. After review of the same authorities relied upon by the trial court, the Supreme Court concluded that court did not err in declining to issue a writ of quo warranto. View "Clark v. Deal" on Justia Law

Plaintiff Alfred Fuciarelli was a tenured faculty member at Valdosta State University (“VSU”). Fuciarelli was at one time also assistant vice president for research and a dean of the graduate school. After he complained about VSU’s “noncompliance with laws, rules and regulations,” VSU terminated Fuciarelli’s contract to serve as an assistant vice president and dean. Although Fuciarelli remained as a member of the faculty, his salary and benefits were reduced. Fuciarelli appealed his termination to the Board of Regents which affirmed VSU’s decision. Thereafter, Fuciarelli filed suit against the Board of Regents, William McKinney, individually and in his official capacity as president of VSU, and Karla Hull, individually and in her official capacity as a former acting vice president of VSU, seeking damages under both the Public Employee Whistleblower Retaliation Act, and the Taxpayer Protection Against False Claims Act (“TPAFCA”). The trial court denied defendants’ motion to dismiss the public employee whistleblower retaliation claim, but granted defendants’ motion to dismiss the taxpayer retaliation claim on the ground that Fuciarelli failed to obtain the approval of the Attorney General before filing suit. The Georgia Supreme Court granted a writ of certiorari to the Court of Appeals to determine whether it correctly held that the TPAFCA did not require the Attorney General to approve taxpayer retaliation claims brought under subsection (l) of the Act. Because the plain language of the statute required the Attorney General to approve a taxpayer retaliation claim prior to filing suit, the Supreme Court reversed the judgment of the Court of Appeals' holding to the contrary. View "McKinney v. Fuciarelli" on Justia Law

Although these two cases arose separately, they posed a singular legal issue for the Supreme Court’s review, and thus were addressed in the same opinion. In S15G0887, Akeem Washington, who was on probation for speeding, sued Shannon Rivera, a probation officer, and her administrative assistant, alleging that they failed to perform their ministerial duties when they swore out a warrant for Washington’s arrest for failure to pay a fine that Washington already had paid in fulfillment of the conditions of his probation. Rivera moved to dismiss the complaint, arguing she was immune from liability in Washington’s suit because her alleged actions were protected by either quasi-judicial immunity or sovereign immunity. The trial court denied the motion, ruling that it was possible that facts could be shown in discovery that would establish that neither quasi-judicial immunity nor sovereign immunity applied. Rivera did not attempt to file an application for interlocutory appeal from that order but filed a notice of appeal, asserting that she had authority to file a direct appeal under the collateral order doctrine. The Court of Appeals dismissed the appeal. In S15G0912, Dan and Arlene Appelrouth sued their neighbors, Cesar and Janice Rodriguez, also naming Forsyth County and other unknown persons as defendants. The Appelrouths alleged that actions taken on the Rodriguezes’ property, as well as on the County’s road right of way and associated drainage ditch, caused water damage to the Appelrouths’ property, and raised claims of, inter alia, breach of legal duty, negligence per se, trespass, nuisance, and inverse condemnation. The Rodriguezes filed a cross-claim against the County, which filed motions to dismiss both the complaint and cross-claim, asserting sovereign immunity. The trial court denied the motions, ruling that it was possible that evidence could be established which would allow the Appelrouths and the Rodriguezes to prevail against the County’s claim of sovereign immunity. The County, like Rivera did not seek interlocutory appeal, and again the Court of Appeals dismissed on direct appeal, citing the collateral order doctrine as grounds for dismissal. Although the Court of Appeals applied incorrect analyses in these cases, the Supreme Court concluded it reached the correct results in dismissing the direct appeals filed by Rivera and Forsyth County. View "Rivera v. Washington" on Justia Law

Although these two cases arose separately, they posed a singular legal issue for the Supreme Court’s review, and thus were addressed in the same opinion. In S15G0887, Akeem Washington, who was on probation for speeding, sued Shannon Rivera, a probation officer, and her administrative assistant, alleging that they failed to perform their ministerial duties when they swore out a warrant for Washington’s arrest for failure to pay a fine that Washington already had paid in fulfillment of the conditions of his probation. Rivera moved to dismiss the complaint, arguing she was immune from liability in Washington’s suit because her alleged actions were protected by either quasi-judicial immunity or sovereign immunity. The trial court denied the motion, ruling that it was possible that facts could be shown in discovery that would establish that neither quasi-judicial immunity nor sovereign immunity applied. Rivera did not attempt to file an application for interlocutory appeal from that order but filed a notice of appeal, asserting that she had authority to file a direct appeal under the collateral order doctrine. The Court of Appeals dismissed the appeal. In S15G0912, Dan and Arlene Appelrouth sued their neighbors, Cesar and Janice Rodriguez, also naming Forsyth County and other unknown persons as defendants. The Appelrouths alleged that actions taken on the Rodriguezes’ property, as well as on the County’s road right of way and associated drainage ditch, caused water damage to the Appelrouths’ property, and raised claims of, inter alia, breach of legal duty, negligence per se, trespass, nuisance, and inverse condemnation. The Rodriguezes filed a cross-claim against the County, which filed motions to dismiss both the complaint and cross-claim, asserting sovereign immunity. The trial court denied the motions, ruling that it was possible that evidence could be established which would allow the Appelrouths and the Rodriguezes to prevail against the County’s claim of sovereign immunity. The County, like Rivera did not seek interlocutory appeal, and again the Court of Appeals dismissed on direct appeal, citing the collateral order doctrine as grounds for dismissal. Although the Court of Appeals applied incorrect analyses in these cases, the Supreme Court concluded it reached the correct results in dismissing the direct appeals filed by Rivera and Forsyth County. View "Rivera v. Washington" on Justia Law

In 2007, Cindy and David Ames executed a security deed to their residential property in favor of Washington Mutual Bank, F.A. (WaMu). WaMu’s receiver, the Federal Deposit Insurance Corporation (FDIC), later assigned the deed to JP Morgan Chase Bank, N.A (Chase). When Chase initiated a non-judicial foreclosure sale on the property, the Ameses filed lawsuits in state court and then in federal court, alleging among other things that the assignment of the security deed to Chase was invalid. The Georgia Supreme Court granted certiorari to decide whether the Georgia Court of Appeals erred in concluding in the state lawsuit, the Ameses lacked standing to bring such a challenge to the assignment, a conclusion based on that court’s previous decisions in "Montgomery v. Bank of America," (740 SE2d 434 (2013)), and "Jurden v. HSBC Mortgage Corp.," (765 SE2d 440 (2014)). The Supreme Court found no reversible error in the appellate court's decision. Alternatively, the assignment issue raised by the Ameses was precluded because it had already been resolved against them in their federal lawsuit by the United States Court of Appeals for the Eleventh Circuit. View "Ames v. JP Morgan Chase Bank, N.A." on Justia Law

In 2014, appellant Iziah Smith applied to appellee Harry James, III, Judge of the Probate Court of Richmond County, for a renewal Georgia weapons carry license; he requested the issuance of a temporary renewal license as well. At that time, Smith had fewer than 90 days remaining before his carry license expired. Although Smith initially was refused a temporary renewal license, he was issued a weapons carry license within 30 days of the filing of his application for a license, and before his previously issued license expired. Several weeks later, Smith and appellant GeorgiaCarry.Org, Inc. (“GCO”) brought this mandamus action against James in the Superior Court of Richmond County, alleging James was wrongly refusing to issue temporary renewal licenses. James answered, denying the material allegations of the complaint. Appellants then filed a motion for recusal, asserting that a Richmond County Superior Court Judge should not be presiding over a case in which the Richmond County Probate Court Judge was named as the defendant. The trial court denied the motion to recuse. Following discovery, both sides moved for summary judgment. Recognizing that, at some point, James had begun issuing temporary renewal licenses to other applicants, appellants acknowledged they were no longer entitled to the issuance of a writ of mandamus. They asserted, nevertheless, that they were entitled to costs and attorney’s fees as the “prevailing party” in the lawsuit. The trial court granted James’ summary judgment motion and denied appellants’ summary judgment motion. The Supreme Court found that It follows that GCO lacked standing to recover costs and attorney fees pursuant to Georgia law. Because Smith’s claim was moot and GCO lacked standing, it was incumbent upon the trial court to enter an order dismissing appellants’ claims. Accordingly, the Court remanded this case to the trial court with direction that it vacate the grant of summary judgment to James and enter an order of dismissal. The Court affirmed in all other respects. View "Georgiacarry.org v. James" on Justia Law

Before the Georgia Supreme Court issued its decision in "Zaldivar v. Prickett," (774 SE2d 688 (2015)), the United States District Court for the Northern District of Georgia certified a question of Georgia law that was effectively answered later by that case. "Zaldivar" directed the trier of fact in certain cases to “consider the fault of all persons or entities who contributed to the alleged injury or damages." The federal district court posed this question: "[d]oes OCGA 51-12-33 (c) allow the jury to assess a percentage of fault to the non-party employer of a plaintiff who sues a product manufacturer and seller for negligence in failing to warn about a product danger, even though the non-party employer has immunity under OCGA 34-9-11?" The Georgia Supreme Court replied that unless there was a compelling reason to treat nonparty employers with immunity under the Workers’ Compensation Act differently than nonparties with other defenses or immunities against liability,"Zaldivar" required an affirmative answer to the certified question. "We see no such compelling reason, and so, we adhere to Zaldivar and respond to the District Court in the affirmative." View "Walker v. Tensor Machinery Ltd." on Justia Law