Supreme Court of Georgia Rules You Cannot Use “Equitable Estoppel” to Force a Non-Signatory into Arbitration
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The Expanding Frontiers of the GRCA: Georgia Court of Appeals Upholds Five-Year Non-Compete and Out-of-State Affiliate Enforcement
The Expanding Frontiers of the GRCA: Georgia Court of Appeals Upholds Five-Year Non-Compete and Out-of-State Affiliate Enforcement
Practice Tip: Authenticate Your Business Records Properly
The Court of Appeals recently reversed the grant of summary judgment as the result of the movant failing to properly authenticate business records in the form of credit card statements and other account documents that were used in support of its motion for summary judgment.
The Mullman Law Firm, LLC is a trial firm dedicated…
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 substituting a “John Doe” defendant, and (2) the correct standard for determining personal jurisdiction over a defendant. Ultimately, the Court of Appeals decided that “John Doe” defendants are meant for entities that exist…
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 collusion allows a non-resident defendant to defeat a court from retaining venue after a consent judgment with a resident defendant is entered into with the intent to keep venue…
Georgia Court of Appeals Changes Standard from Clearly Erroneous to De Novo to Govern Self-Contradictory Testimony
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 unequivocally accepts the terms of settlement by offeror but issued a payment check that stated on its face “VOID IF NOT PRESENTED WITHIN 90 DAYS.” Patrick v. Kingston, A23A1527, 2024 Ga. App. Lexis 53…
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 times when alternative service methods are needed because the registered agent cannot be found at the registered office. Georgia law provides for several means to do so. The Court of Appeals case…
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 discretion, the court’s choice will not be overturned. R. C. Acres, Inc. v. Cambridge Faire Properties, LLC, 331 Ga. App. 762, 764 (1), 771 S.E.2d 444 (2015); see OCGA…
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 court’s holding that the “indivisible judgment rule was only intended to apply to cases where liability is subject to apportionment.” Federal Express Corp., v. Denney, A22A0763, 2022 WL 5239281,*3 (Ga. Ct. App. Oct.…