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
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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.…
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, Inc. v. Mitchell, A22A0995, 2022 WL 4493625 (Sept. 28, 2022). Essentially, notice of the suit is insufficient in the absence of actual service in compliance with O.C.G.A. § 9-11-4. Id.
As…
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 the claims asserted, and therefore, must be analyzed on a claim by claim basis since the clock can begin running on different dates. Coe v. Proskauer Rose, LLP, S21G1250, 2022 WL 4086420…
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 to compel discovery, applies to nonparties, however, O.C.G.A. § 9-11-37 (b) (2), which authorizes an award of attorney’s fees as sanctions for violating discovery orders, does not apply to nonparties. NRD Partners…
Practice Tip: Verify Your Complaint If Seeking an Injunction
The Georgia Court of Appeals reminded litigants to verify your complaint if you seek an injunction in a trial court. Parnell v. Sherman & Hemstreet, Inc., A22A0069, 2022 WL 2070942 (June 9, 2022).
The failure to file a verified complaint “can be amended and does not subject the injunction to dismissal if it was supported…
Court of Appeals Refuses to Expand Corporate Continuation Doctrine and De Facto Merger Doctrine
The Court of Appeals offered guidance on the corporate continuation doctrine finding that the factors as stated at common law are the only factors to be considered, and that equitable considerations beyond those elements are not properly considered by a court. Pop 3 Ravinia, LLC v. Embark Holdco Management, LLC, A22A0127, 2022 WL 2234985 at…
No Apex Doctrine in Georgia but All Factors of Apex Doctrine Should Be Considered
The Supreme Court of Georgia issued a decision on whether or not the Apex Doctrine is adopted in Georgia when a party seeks the deposition of a high-ranking official in a company. The Supreme Court ultimately stated:a court considering whether factors commonly associated with the apex doctrine should limit or bar a plaintiff from deposing…