Coweta Cnty. v. Simmons, 507 S.E.2d 440 (Ga. 1998). · Go Syfert
Coweta Cnty. v. Simmons, 507 S.E.2d 440 (Ga. 1998). Cases Citing This Book View Copy Cite
55 citation events (43 in the last 25 years) across 2 distinct courts.
Strongest positive: Troy Avery v. D. Stephan Schneider, as Parent and Next Friend of Ashton L. Schneider (gactapp, 2020-03-13)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
examined Cited as authority (quoted) Troy Avery v. D. Stephan Schneider, as Parent and Next Friend of Ashton L. Schneider (2×)
Ga. Ct. App. · 2020 · quote attribution · 2 verbatim quotes · confidence low
there having been no notice to the defendant that the court might consider the merits of the issue of his alleged negligence, a holding that he was liable, tantamount to an award of summary judgment against him, would deny him due process.
examined Cited as authority (quoted) HA&W Capital Partners, LLC v. Bhandari (2×)
Ga. Ct. App. · 2018 · quote attribution · 2 verbatim quotes · confidence low
review by the court of appeals is limited to the scope of the ruling in the trial court as shown by the trial record
discussed Cited as authority (quoted) Strength v. Lovett (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2011 · signal: see also · quote attribution · 1 verbatim quote · confidence low
rjeview by the court of appeals is limited to the scope of the ruling in the trial court as shown by the trial record. . . .
examined Cited as authority (quoted) Cohen v. Nudelman (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2004 · signal: see also · quote attribution · 1 verbatim quote · confidence low
there having been no notice to the defendant that the court might consider the merits of the issue of his alleged negligence, a holding that he was liable, tantamount to an award of summary judgment against him, would deny him due process.
examined Cited as authority (quoted) Holliday v. Jacky Jones Lincoln-Mercury (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2001 · signal: see also · quote attribution · 1 verbatim quote · confidence low
there having been no notice to the defendant that the court might consider the merits of the issue of his alleged negligence, a holding that he was liable, tantamount to an award of summary judgment against him, would deny him due process.
discussed Cited as authority (rule) Ha&w Capital Partners, LLC v. Niraj Nicholas Bhandari
Ga. Ct. App. · 2018 · confidence medium
Accordingly, we think the question of [whether there are such genuine issues of material fact] is beyond the proper scope of our review in this case. [Cits.] See also Coweta County v. Simmons, 269 Ga. 694, 694 ( 507 SE2d 440 ) (1998) (‘Review by the Court of Appeals is limited to the scope of the ruling in the trial court as shown by the trial record’).
discussed Cited as authority (rule) D’antignac v. Deere & Company
Ga. Ct. App. · 2017 · confidence medium
But this Court “has jurisdiction to decide only those issues fairly raised by an enumeration of error[.]” Coweta County v. Simmons, 269 Ga. 694, 695 ( 507 SE2d 440 ) (1998); accord Williams v. State, 320 Ga. App. 831, 837 (5) n. 23 ( 740 SE2d 766 ) (2013).
discussed Cited as authority (rule) Laquan Williams v. State
Ga. Ct. App. · 2013 · confidence medium
Miller, P. J., and Branch, J., concur. 23 See Coweta County v. Simmons, 269 Ga. 694, 694 ( 507 SE2d 440 ) (1998) (Court of Appeals “has jurisdiction to decide only those issues fairly raised by an enumeration of error”).
cited Cited as authority (rule) McGonigal v. McGonigal
Ga. Ct. App. · 2008 · confidence medium
Coweta County v. Simmons, 269 Ga. 694, 694-695 ( 507 SE2d 440 ) (1998).
discussed Cited "see" Williams v. State (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Coweta County v. Simmons, 269 Ga. 694, 694 ( 507 SE2d 440 ) (1998) (Court of Appeals “has jurisdiction to decide only those issues fairly raised by an enumeration of error”).
discussed Cited "see" Bibb v. State (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
See Coweta County v. Simmons, 269 Ga. 694, 694-695 ( 507 SE2d 440 ) (1998) (Court of Appeals “has jurisdiction to decide only those issues fairly raised by an enumeration of error”).
discussed Cited "see" Knight v. American Suzuki Motor Corp. (2×)
Ga. Ct. App. · 2005 · signal: see · confidence high
See Coweta County v. Simmons, 269 Ga. 694 ( 507 SE2d 440 ) (1998); Hodge v. SADA Enterprises, 217 Ga. App. at 690 (1).
Retrieving the full opinion text from the archive…
COWETA COUNTY Et Al.
v.
SIMMONS
S98G0498.
Supreme Court of Georgia.
Sep 14, 1998.
507 S.E.2d 440
Hawkins & Parnell, Debra L. Dewar, Kimberly A. Houston, for appellants., Goetz, Tibbs & Zahler, Charles M. Goetz, Jr., Scott M. Zahler, for appellee.
Benham.
Cited by 26 opinions  |  Published
3 passages pin-cited by 5 cases
Pinpoint authority: #10,542 of 633,719
Citer courts: Court of Appeals of Georgia (7)
Benham, Chief Justice.

While incarcerated in Coweta County Correctional Institute, Simmons was injured while operating a machine on a prison work detail. His suit against various county employees and the county resulted in summary judgment for the defense based on sovereign and official immunity. The Court of Appeals affirmed in part, finding that the trial court correctly determined the warden and deputy warden to be shielded by official immunity, and reversed in part, holding that the trial court had erred in granting summary judgment to the county and to the work detail supervisor, Officer Holcomb. The Court of Appeals went on to rule that Holcomb was liable. Simmons v. Coweta County, 229 Ga. App. 550 (494 SE2d 362) (1997). This Court granted certiorari to examine the correctness of the holding that Holcomb was liable.

The record of this case shows that only the defendants moved for summary judgment, and that their motion was based only on the issue of immunity; that the trial court considered only the issue of immunity and did not consider the issue of whether Holcomb was negligent; and that none of the enumerations of error raised by Simmons in the Court of Appeals addressed the issue of whether Simmons was entitled to a judgment that Holcomb was liable. Under those circumstances, the holding of the Court of Appeals that Holcomb is liable was error for several reasons.

First, there was no motion for summary judgment by Simmons in the trial court, so the issue of Holcomb’s alleged negligence was not decided at the trial level. Since review by the Court of Appeals is limited to the scope of the ruling in the trial court as shown by the trial record (Adamson v. Adamson, 220 Ga. App. 716 (2) (470 SE2d 289) (1996)), the holding that Holcomb was liable was beyond the scope of the Court of Appeals’ review.

Second, although a trial court can grant summary judgment to a non-moving party when the issues are the same, thus providing sufficient notice to opposing parties (Cruce v. Randall, 245 Ga. 669, 671 (266 SE2d 486) (1980)), there is no authority for appellate courts to do so. Furthermore, due process requires that a party be given reasonable opportunity to contest a claim that there are no genuine issues of material fact. Coatings v. Stein Steel &c. Co., 247 Ga. 631 (278 SE2d 377) (1981). There having been no notice to Holcomb that the Court of Appeals might consider the merits of the issue of his alleged negligence, a holding that he was liable, tantamount to an award of summary judgment against him, would deny him due process.

Finally, the issue of whether Holcomb was liable (as opposed to[*695] the issue of whether he was entitled to official immunity) was not within the scope of any enumeration of error filed by Simmons in the appeal to the Court of Appeals. Since that court has jurisdiction to decide only those issues fairly raised by an enumeration of error (Bill Parker & Assoc. v. Rahr, 216 Ga. App. 838 (2) (456 SE2d 221) (1995)), it was without jurisdiction to hold that Holcomb was liable for Simmons’s injuries.

Decided September 14, 1998. Hawkins & Parnell, Debra L. Dewar, Kimberly A. Houston, for appellants. Goetz, Tibbs & Zahler, Charles M. Goetz, Jr., Scott M. Zahler, for appellee.

From the above, it follows that the judgment of the Court of Appeals must be reversed insofar as it held Holcomb liable.

Judgment reversed in part.

All the Justices concur.