Arby's Restaurant Grp., Inc. v. McRae, 734 S.E.2d 55 (Ga. 2012). · Go Syfert
Arby's Restaurant Grp., Inc. v. McRae, 734 S.E.2d 55 (Ga. 2012). Cases Citing This Book View Copy Cite
118 citation events (118 in the last 25 years) across 5 distinct courts.
Strongest positive: Tarvella Razi v. Shalonda Burns (gactapp, 2020-04-03)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 46 distinct citers. How cited ↗
discussed Cited as authority (quoted) Tarvella Razi v. Shalonda Burns (2×) also: Cited "see"
Ga. Ct. App. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
e must presume that the general assembly meant what it said and said what it meant.
cited Cited as authority (rule) ANDREW E. GREEN v. STEPHANIE KAREN PINNIX
Ga. Ct. App. · 2023 · confidence medium
Arby’s Restaurant Group, Inc. v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012).
discussed Cited as authority (rule) SOUTHERN STATES CHEMICAL, INC. v. TAMPA TANK AND WELDING, INC (2×)
Ga. · 2023 · confidence medium
In considering a statute’s meaning, “courts must afford the words of the statute their ordinary signification, see OCGA § 1-3-1 (a), and we must presume that the General Assembly meant what it said and said what it meant.” Arby’s Restaurant Group, Inc. v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012) (citation and punctuation omitted).
discussed Cited as authority (rule) Williams v. State
Ga. · 2023 · confidence medium
When interpreting a statute, we must give the text its plain and ordinary meaning, view it in the context in which it appears, and read it in its most natural and reasonable way, see Deal v. Coleman, 294 Ga. 170, 172-173 (1) ( 751 SE2d 337 ) (2013), while also giving meaning to all words in the statute, see Arby’s Restaurant Group v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012).
discussed Cited as authority (rule) Monroe v. State (2×)
Ga. · 2023 · confidence medium
When interpreting a statute, we must give the text its plain and ordinary meaning, view it in the context in which it appears, and read it in its most natural and reasonable way, see Deal v. Coleman, 294 Ga. 170, 172-173 (1) ( 751 SE2d 337 ) (2013), while also giving meaning to all words in the statute, see Arby’s Restaurant Group v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012).
cited Cited as authority (rule) Gordon v. Johnson
Bankr. N.D. Ga. · 2022 · confidence medium
Coleman, 294 Ga. 172 (citing Arby’s Restaurant Group, Inc. v. McRae, 292 Ga. 243, 245 (Ga. 2012)).
examined Cited as authority (rule) SCOTT K. CAMP v. RYAN CHRISTOPHER WILLIAMS (3×)
Ga. · 2022 · confidence medium
“To that end, we must afford the statutory text its plain and ordinary meaning, we must view the statutory text in the context in which it appears, and we must read the statutory text in its most natural and reasonable way, as an ordinary speaker of the English language would.” Id. at 172-173 (1) (a) (citations and punctuation omitted). (a) Starting with the text, the ordinary meaning gleaned from a review of dictionary definitions of “qualification” offers little support for Williams’s and the Board’s argument that the word as used in the statute can refer only to the attributes r…
cited Cited as authority (rule) IHI E&C International Corporation v. Robinson Mechanical Contractors, Inc.
N.D. Ga. · 2022 · confidence medium
Grp., Inc. v. McRae, 734 S.E.2d 55, 57 (Ga. 2012) (citations and quotation marks omitted; alteration in original).
discussed Cited as authority (rule) SmileDirectClub, LLC v. Battle
N.D. Ga. · 2022 · confidence medium
Grp., Inc. v. McRae, 292 Ga. 243, 245 (2012) (noting courts interpreting Georgia statutes are to “presume that the General Assembly meant what it said and said what it meant.”) (citation omitted); Aimwell, Inc. v. McLendon Enters., Inc., 318 Ga. App. 394, 397 (2012) (noting that the court must “avoid constructions that make some language mere surplusage or meaningless, construe a statute in relation to other statutes of which it is a part, and construe together and harmonize all statutes relating to the same subject-matter wherever possible.”) (citation omitted) (cleaned up).
discussed Cited as authority (rule) Kemron Environmental Services, Inc. v. Prospira Paincare, Inc.
Ga. Ct. App. · 2022 · confidence medium
Grp., Inc. v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012); Martinez v. State, 325 Ga. App. 267, 273 (2) ( 750 SE2d 504 ) (2013). 6 Deal, 294 Ga. at 172 (1) (a); see State v. Able, 321 Ga. App. 632, 636 ( 742 SE2d 149 ) (2013) (“A judge is charged with interpreting the law in accordance with the original and/or plain meaning of the text at issue (and all that the text fairly implies)[.]”); Singletary v. State, 310 Ga. App. 570, 572 ( 713 SE2d 698 ) (2011) (“In construing these statutes, we apply the fundamental rules of statutory construction that require us to construe the statute…
discussed Cited as authority (rule) Duke v. State (2×)
Ga. · 2021 · confidence medium
It is well settled that “[a] statute draws its meaning . . . from its text.” Chan v. Ellis, 296 Ga. 838, 839 (1) ( 770 SE2d 851 ) (2015). 11 When interpreting a statute, we must give the text its plain and ordinary meaning, view it in the context in which it appears, and read it in its most natural and reasonable way, see Deal v. Coleman, 294 Ga. 170, 172-173 (1) ( 751 SE2d 337 ) (2013), while also giving meaning to all words in the statute, see Arby’s Restaurant Group v. McRae, 292 Ga. 243, 245 ( 734 SE2d 55 ) (2012).
cited Cited as authority (rule) PRIES v. GREENPATH, INC.
M.D. Ga. · 2021 · confidence medium
Grp., Inc. v. McRae, 292 Ga. 243, 245 , 734 S.E.2d 55, 57 (2012).
discussed Cited as authority (rule) WENDY JORDAN v. MARRIOTT INTERNATIONAL, INC A/K/A J.W. MARRIOTT ATLANTA BUCKHEAD
Ga. Ct. App. · 2018 · confidence medium
Reading the innkeeper liability statutes in pari materia, and construing them to give meaning to all the terms therein, see Arby’s Restaurant Group v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012), the exception in OCGA § 43-21-12 refers to other Code sections authorizing an innkeeper to require valuables to be deposited in a safe or other place of deposit provided by the innkeeper and 6 establishing limits to the innkeeper’s liability for them.
discussed Cited as authority (rule) JORDAN v. MARRIOTT INTERNATIONAL, INC. Marriott International, Inc. v. Jordan.
Ga. Ct. App. · 2018 · confidence medium
Reading the innkeeper liability statutes in pari materia, and construing them to give meaning to all the terms therein, see Arby’s Restaurant Group v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012), the exception in OCGA § 43-21-12 refers to other Code sections authorizing an innkeeper to require valuables to be deposited in a safe or other place of deposit provided by the innkeeper and 6 establishing limits to the innkeeper’s liability for them.
cited Cited as authority (rule) Walker v. Oglethorpe Power Corp.
Ga. Ct. App. · 2017 · confidence medium
Grp., Inc. v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012).
discussed Cited as authority (rule) Michael Shapiro v. Oglethorpe Power Corporation
Ga. Ct. App. · 2017 · confidence medium
Grp., Inc. v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012). 75 See Deal, 294 Ga. at 172 (1) (a) (“To that end, we must afford the statutory text its plain and ordinary meaning.” (punctuation and citation omitted)); State v. Able, 321 Ga. App. 632, 636 ( 742 SE2d 149 ) (2013) (“A judge is charged with interpreting the law in accordance with the original and/or plain meaning of the text at issue (and all that the text fairly implies). . . .”). 76 See Arizona v. Inter Tribal Council of Arizona, Inc., ___U.S. ___, ___ (II) (B) ( 133 SCt 2247 , 186 LE2d 239) (2013) (“Words that can …
examined Cited as authority (rule) State of Georgia v. West (4×) also: Cited "see"
Ga. Ct. App. · 2015 · confidence medium
When interpreting a legislative act, a court “must afford the words of the statute their ordinary signification, and . . . presume that the General Assembly meant what it said and said what it meant.” (Citations and punctuation omitted.) Arby’s Restaurant Group v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012); see OCGA § 1-3-1 (b). “[When] the language of a statute is plain and unambiguous, judicial construction is not only unnecessary but forbidden.” (Citation and punctuation omitted.) Arby’s Restaurant Group, supra at 245 (1).
discussed Cited as authority (rule) Deal v. Coleman
Ga. · 2013 · confidence medium
About this, the appellees are mistaken. (a) We consider first whether OCGA § 50-18-72 (a) (47) applies by its terms only for so long as “[no] binding commitment ha[s] been secured.” When we consider the meaning of a statute, “we must presume that the General Assembly meant what it said and said what it meant.” Arby’s Restaurant Group, Inc. v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012) (citation omitted).
discussed Cited "see" DONALD E. NEAL v. METRO CONTENTS, INC. (2×)
Ga. Ct. App. · 2026 · signal: accord · confidence high
Accord Arby’s Restaurant Group, Inc. v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012). 23 Deal, 294 Ga. at 172 (1)(a) (punctuation omitted).
discussed Cited "see" EMELY GOMEZ v. USAA CASUALTY INSURANCE COMPANY (2×)
Ga. Ct. App. · 2026 · signal: accord · confidence high
Accord Arby’s Restaurant Grp., Inc. v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012); Martinez v. State, 325 Ga. App. 267, 273 (2) ( 750 SE2d 504 ) (2013). 10 Deal, 294 Ga. at 172 (1)(a).
discussed Cited "see" ANGELA D. WILSON v. NIRANDR INTHACHAK (2×)
Ga. Ct. App. · 2024 · signal: accord · confidence high
In interpreting any statute, I necessarily begin with “familiar and binding canons of construction.”3 And in considering the meaning of a statute, this Court is charged with presuming the General Assembly “meant what it said and said what it meant.”4 As a result, we must afford the statutory text its “plain and ordinary 2 Hough v. State, 279 Ga. 711, 716 (2) (a) ( 620 SE2d 380 ) (2005) (punctuation omitted); accord Abdulkadir v. State, 279 Ga. 122, 123 (2) (a) ( 610 SE2d 50 ) (2005); see also Anontin Scalia & Bryan Garner, READING LAW: THE INTERPRETATION OF LEGAL TEXTS 56 (2012) (“…
discussed Cited "see" In the Interest of A.A., a Child (2×)
Ga. Ct. App. · 2022 · signal: accord · confidence high
A judge should not care about what any legislator intended but did not expressly provide for in the statutory text.”), overruled on other grounds by BellSouth Telecomm., LLC v. Cobb Cnty., 305 Ga. 144 ( 824 SE2d 233 ) (2019); see also Richardson v. State, 276 Ga. 639, 640 (1) ( 581 SE2d 528 ) (2003) (“Courts of last resort must frequently construe the language of a statute, but such courts may not substitute by judicial interpretation language of their own for the clear, unambiguous language of the statute, so as to change the meaning.” (punctuation omitted)); In re Whittle, 339 Ga. App.…
discussed Cited "see" Whitney Morris v. Real Estate Expert Advisors, LLC (2×)
Ga. Ct. App. · 2020 · signal: accord · confidence high
In interpreting any statute, we necessarily begin by considering “familiar and binding canons of construction.”21 And in construing the meaning of a statute, our charge is to “presume that the General Assembly meant what it said and said what it meant.”22 To that end, we must afford the statutory text its plain and ordinary meaning,23 consider the text contextually,24 read the text “in its most natural and reasonable way, as an ordinary 21 Holcomb v. Long, 329 Ga. App. 515, 517 (1) ( 765 SE2d 687 ) (2014). 22 Deal v. Coleman, 294 Ga. 170, 172 (1) (a) ( 751 SE2d 337 ) (2013) (citation…
discussed Cited "see" Mary Harman Beard, as of the Estate of James H. Beard, III v. Harriet H. Rondowsky, as Co-Trustee of the Charles C. Harman Trust (2×)
Ga. Ct. App. · 2019 · signal: accord · confidence high
In interpreting any statute, “we necessarily begin our analysis with familiar and binding canons of construction.”3 And in considering the meaning of a statute, our charge is to “presume that the General Assembly meant what it said and said what it meant.”4 To that end, we must afford the statutory text its plain and ordinary meaning,5 consider the text contextually,6 read the text “in its most natural and 3 Holcomb v. Long, 329 Ga. App. 515, 517 (1) ( 765 SE2d 687 ) (2014). 4 Deal v. Coleman, 294 Ga. 170, 172 (1) (a) ( 751 SE2d 337 ) (2013) (punctuation & citation omitted); accord A…
discussed Cited "see" Demetrius Dewayne Ledbetter v. State (2×)
Ga. Ct. App. · 2019 · signal: accord · confidence high
But as to this portion of his request, the trial court did not err in denying the motion. 4 First, we turn to the statutory scheme that controls in this case—i.e., the statutes that establish and govern the Georgia Crime Information Center,3 which is a division of the Georgia Bureau of Investigation.4 As always, in interpreting any statute, “we necessarily begin our analysis with familiar and binding canons of construction.”5 And in considering the meaning of a statute, our charge is to “presume that the General Assembly meant what it said and said what it meant.”6 To that end, we mu…
discussed Cited "see" Ronald Ruth v. Cherokee Funding LLC (2×)
Ga. Ct. App. · 2017 · signal: accord · confidence high
In their cross-appeal, the Plaintiffs have alleged in their enumeration of error that the trial court erred in finding that the GILA does not apply in this action. 11 Deal v. Coleman, 294 Ga. 170, 172 (1) (a) (751 SE2d337) (2013) (citation and punctuation omitted); accord Arby’s Restaurant Group v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012); Martinez v. State, 325 Ga. App. 267, 273 (2) ( 750 SE2d 504 ) (2013). 12 Deal, 294 Ga. at 172 (1) (a) (“To that end, we must afford the statutory text its plain and ordinary meaning.” (citation and punctuation omitted)); see State v. Able, 32…
discussed Cited "see" In the Interest of D. B., a Child (2×)
Ga. Ct. App. · 2017 · signal: accord · confidence high
See generally Robbins v. State, 326 Ga. App. 812, 813-14 ( 757 SE2d 452 ) (2014) (rejecting State’s contention that trial court should have dismissed defendant’s motion for want of jurisdiction for failing to present a cognizable claim, but agreeing with trial court that defendant’s sentence was not void and, thus, affirming the denial of defendant’s motion to vacate sentence). 30 Cf. Nazario, 293 Ga. at 487 (2) (c) (holding that to “allow [a] defendant to serve a sentence for a criminal conviction that has been identified as illegal and void would not comport with fundamental fairne…
discussed Cited "see" City of Sandy Springs Board of Appeals v. Traton Homes, LLC (2×)
Ga. Ct. App. · 2017 · signal: accord · confidence high
Ray and Self, JJ., concur. 1 The individually named members are Ted Sandler, Melissa Nodvin, Ron Carpinella, Colin Lichtenstein, Ken Moller, Alvin Johnson, and Eric Johnson. 2 OCGA § 5-4-10 provides that “[cjertiorari proceedings shall be amendable at any stage, as to matters of form or substance, as to the petition, bond, answer, and traverse; and a valid bond may by amendment be substituted for a void bond or no bond at all.” 3 Beasley v. Beasley, 260 Ga. 419, 420 ( 396 SE2d 222 ) (1990); accord Scovill Fasteners, Inc. v. Sure-Snap Corp., 207 Ga. App. 539, 540 ( 428 SE2d 435 ) (1993). 4…
discussed Cited "see" Callaway Blue Springs, Lllp v. West Basin Capital, LLC (2×)
Ga. Ct. App. · 2017 · signal: accord · confidence high
See Ga. L. 2015, p. 996, § 4A-1 (effective July 1, 2015). 5 See OCGA § 5-6-34 (a) (4) (providing that all judgments or orders on requests for interlocutory or final injunctions are directly appealable); Mitchell v. Kenya, 216 Ga.App. 80, 81 (1) ( 452 SE2d 799 ) (1995) (“Although the denial of summary judgment must be appealed in *537 accordance with the interlocutory appeal provisions of OCGA § 5-6-34 (b), such an interlocutory ruling can be appealed without application when it is tied to the appeal of a directly appealable order or judgment.”). 6 Harden v. Banks Cty., 294 Ga. App. 327,…
discussed Cited "see" Dimauro v. the State (2×)
Ga. Ct. App. · 2017 · signal: accord · confidence high
See generally Ellis v. State, 300 Ga. 371, 376-78 (2) ( 794 SE2d 601 ) (2016) (discussingformer OCGA § 45-11-4). 71 Although the amended statute is not applicable here, we also note that OCGA § 17-7-52 does not define “sworn statement” either. 72 Deal v. Coleman, 294 Ga. 170, 172 (1) (a) ( 751 SE2d 337 ) (2013) (punctuation omitted); accord Arby’s Restaurant Group, Inc. v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012). 73 Deal, 294 Ga. at 172 (1) (a); see State v. Able, 321 Ga.App. 632, 636 ( 742 SE2d 149 ) (2013) (“A judge is charged with interpreting the law in accordance with…
discussed Cited "see" State v. West
Ga. Ct. App. · 2015 · signal: see · confidence high
When interpreting a legislative act, a court "must afford the words of the statute their ordinary signification, and ... presume that the General Assembly meant what it said and said what it meant." (Citations and punctuation omitted.) Arby's Restaurant Group, Inc. v. McRae, 292 Ga. 243 , 245(1), 734 S.E.2d 55 (2012) ; see OCGA § 1-3-1(b). "[When] the language of a statute is plain and unambiguous, judicial construction is not only unnecessary but forbidden." (Citation and punctuation omitted.) *155 Arby's Restaurant Group, supra at 245(1), 734 S.E.2d 55 .
discussed Cited "see" Holcomb v. Long (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Western Saddle Guide, http://www.western-saddle-guide.com/cinch-connecting-strap.html (last visited October 15, 2014). 5 See OCGA § 4-12-1 et seq. 6 OCGA § 9-11-56 (o). 7 Cowart v. Widener, 287 Ga. 622, 624 (1) (a) ( 697 SE2d 779 ) (2010). 8 Benefield, v. Tominich, 308 Ga. App. 605, 607 (1) ( 708 SE2d 563 ) (2011) (punctuation omitted). 9 Deal v. Coleman, 294 Ga. 170, 172 (1) (a) ( 751 SE2d 337 ) (2013) (citation and punctuation omitted); see Arby’s Restaurant Group, Inc. v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012) (same); Martinez v. State, 325 Ga. App. 267, 273 ( 750 SE2d 5…
discussed Cited "see, e.g." Royce Palmer v. State (2×)
Ga. Ct. App. · 2017 · signal: see also · confidence medium
South Georgia Judicial Circuit, composed of the Counties of Baker, Calhoun, Decatur, Grady, and Mitchell . . . [and] Tifton Judicial Circuit, composed of the Counties of Tift, Irwin, Worth, and Turner [.] ”). 17 Deal v. Coleman, 294 Ga. 170, 172 (1) (a) ( 751 SE2d 337 ) (2013) (punctuation omitted); see also Arby’s Restaurant Group, Inc. v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012) (same); Martinez v. State, 325 Ga. App. 267, 273 (2) ( 750 SE2d 504 ) (2013) (same). 18 See Deal, 294 Ga. at 172 (1) (a) (“To that end, we must afford the statutory text its plain and ordinary meaning…
discussed Cited "see, e.g." Thomas v. Tenet Healthsystem Gb, Inc. (2×)
Ga. Ct. App. · 2017 · signal: see also · confidence medium
See also Deal v. Coleman, 294 Ga. 170, 172 (1) (a) ( 751 SE2d 337 ) (2013) (citing Arby’s Restaurant Group v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012)).
discussed Cited "see, e.g." Lucas v. Beckman Coulter, Inc. (2×)
Ga. Ct. App. · 2016 · signal: see also · confidence medium
Deal v. Coleman, 294 Ga. 170, 172 (1) (a) ( 751 SE2d 337 ) (2013) (citation and punctuation omitted); see also Arby’s Restaurant Group, Inc. v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012) (same); Martinez v. State, 325 Ga. App. 267, 273 (2) ( 750 SE2d 504 ) (2013) (same).
discussed Cited "see, e.g." In Re: Clay Whittle, Sheriff (2×)
Ga. Ct. App. · 2016 · signal: see also · confidence medium
However, despite Whittle’s many policy-based assertions, “[t]he General Assembly does not enact a general intention, it enacts statutes.”6 And statutes have words with a reasonable range of meaning “that we interpret and apply,” rather than some “amorphous general intention.”7 This is because, in the context of legislation, discerning “collective intent is pure fiction because dozens if not hundreds of legislators have their own subjective views on the minutiae of bills they are voting on—or perhaps no views at all because they are wholly unaware of the minutiae.”8 Thus, in…
discussed Cited "see, e.g." In re Whittle (2×)
Ga. Ct. App. · 2016 · signal: see also · confidence medium
Deal v. Coleman, 294 Ga. 170, 172 (1) (a) ( 751 SE2d 337 ) (2013) (citation and punctuation omitted); see also Arby’s Restaurant Group, Inc. v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012) (same); Martinez v. State, 325 Ga.App. 267, 273 ( 750 SE2d 504 ) (2013) (same).
discussed Cited "see, e.g." Claude Scott Lucas v. Beckman Coulter, Inc. (2×)
Ga. Ct. App. · 2016 · signal: see also · confidence medium
Tasked in this matter with construing statutory language, we necessarily begin our analysis with “familiar and binding canons of construction.”5 Indeed, in considering the meaning of a statute, our charge as an appellate court is to “presume that the General Assembly meant what it said and said what it meant.”6 And toward that end, we must afford the statutory text its plain and ordinary meaning,7 consider the text contextually,8 read the text “in its most natural and reasonable way, as an 5 Id. 6 Deal v. Coleman, 294 Ga. 170, 172 (1) (a) ( 751 SE2d 337 ) (2013) (punctuation and cita…
discussed Cited "see, e.g." Eric Schumacher v. City of Roswell (2×)
Ga. Ct. App. · 2016 · signal: see also · confidence medium
To that end, we must afford the statutory text its plain and ordinary meaning, we must view the statutory text in the context in which it appears, and we must read the statutory text in its most natural and reasonable way, as an ordinary speaker of the English language would.”) (citations and punctuation omitted.); see also Arby’s Restaurant Group, Inc. v. McRae, 292 Ga. 243, 245 (1) ( 743 SE2d 55 ) (2012); City of Atlanta v. City of College Park, 292 Ga. 741, 744 ( 741 SE2d 147 ) (2013); Hendry v. Hendry, 292 Ga. 1, 3 (1) ( 734 SE2d 46 ) (2012); Luangkhot v. State, 292 Ga. 423, 424 (1) ( …
discussed Cited "see, e.g." Mantooth v. State (2×)
Ga. Ct. App. · 2016 · signal: see also · confidence medium
See also Deal v. Coleman, 294 Ga. 170, 172 (1) (a) ( 751 SE2d 337 ) (2013), citing Arby’s Restaurant Group, Inc. v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012) (citation omitted).
discussed Cited "see, e.g." Harold Mantooth v. State (2×)
Ga. Ct. App. · 2016 · signal: see also · confidence medium
See also Deal v. Coleman, 294 Ga. 170, 172 (1) (a), ( 751 SE2d 337 ) (2013) citing Arby’s Restaurant Group, Inc. v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012) (citation omitted).
discussed Cited "see, e.g." Gordon v. the State (2×)
Ga. Ct. App. · 2015 · signal: see also · confidence medium
And because these statutes provide different grades of punishment for the same criminal acts, [the appellant] is entitled to the rule of lenity.” (footnotes omitted)); Metts v. State, 297 Ga. App. 330, 336-37 (6) ( 677 SE2d 377 ) (2009) (looking to elements of offenses of child molestation and furnishing or disseminating harmful material to a minor to determine that the statutes at issue criminalized different conduct), abrogated on other grounds by Stephens v. State, 289 Ga. 758 ( 716 SE2d 154 ) (2011); Velasquez v. State, 276 Ga. App. 527, 528-29 (1) ( 623 SE2d 721 ) (2005) *637 (looking t…
discussed Cited "see, e.g." In the Interest of L. T. (2×)
Ga. Ct. App. · 2014 · signal: see also · confidence medium
Deal v. Coleman, 294 Ga. 170, 172 (1) (a) ( 751 SE2d 337 ) (2013) (citation and punctuation omitted); see also Arby’s Restaurant Group, Inc. v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012) (same); Martinez, 325 Ga. App. at 273 (same).
discussed Cited "see, e.g." In the Interest Of: L. T., a Child (2×)
Ga. Ct. App. · 2014 · signal: see also · confidence medium
And in considering this question of statutory interpretation, we necessarily begin our analysis “with familiar and binding canons of construction.”3 Indeed, in analyzing the meaning of a statute, our charge as an appellate court is to “presume 3 Martinez v. State, ___ Ga. App. ___ ( 750 SE2d 504, 509 ) (2013). 3 that the General Assembly meant what it said and said what it meant.”4 And toward that end, “we must afford the statutory text its plain and ordinary meaning,”5 consider the text contextually,6 read the text “in its most natural and reasonable way, as an ordinary speaker …
discussed Cited "see, e.g." Martinez v. State (2×)
Ga. Ct. App. · 2013 · signal: see also · confidence medium
Deal v. Coleman, 294 Ga. 170, 172 (1) (a) ( 751 SE2d 337 ) (2013) (citation and punctuation omitted); see also Arby’s Restaurant Group, Inc. v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012) (same).
discussed Cited "see, e.g." Rodolfo Lara Martinez v. State (2×)
Ga. Ct. App. · 2013 · signal: see also · confidence medium
S13A1084 and S13A1085, decided November 18, 2013) (punctuation and citation omitted); see also Arby’s Restaurant Group, Inc. v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012) (same). 24 See Deal, __ Ga. __ at *5 (“To that end, we must afford the statutory text its plain and ordinary meaning.”) (punctuation and citation omitted); State v. Able, 321 Ga. App. 632, 636 ( 742 SE2d 149 ) (2013) (“A judge is charged with interpreting the law in accordance with the original and/or plain meaning of the text at issue (and all that the text fairly implies) . . . .”). 25 See Deal, __ Ga. __ …
Retrieving the full opinion text from the archive…
ARBY'S RESTAURANT GROUP, INC.
v.
McRAE
S12G0714.
Supreme Court of Georgia.
Nov 5, 2012.
734 S.E.2d 55
Hamilton, Westby, Antonowich & Anderson, Andrew J. Hamilton, James H. Chandler, Drew, Eckl & Farnham, Matthew D. Walker, for appellant., Clements & Sweet, Lawrence T. Clements, Bruce P. Johnson, for appellee., McLain & Merritt, Clayton E. Robertson, Drew, Eckl & Farnham, H. Michael Bagley, J. Benson Ward, Matthew D. Walker, Ross & Levy, C. Todd Ross, John D. Blair, Laura M. Shamp, Thomas A. Eaton, Morgan & Morgan, Todd K. Maziar, George & Wallach, Alex B. Wallach, amici curiae.
Thompson.
Cited by 52 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 70%
Citer courts: Court of Appeals of Georgia (1)
THOMPSON, Presiding Justice.

We granted certiorari in this appeal to consider whether OCGA § 34-9-207 requires an employee who files a claim under the Georgia Workers’ Compensation Act, OCGA § 34-9-1 et seq. (the “Act”), to authorize her treating physician to engage in ex parte communications with her employer or an employer representative in exchange for receiving benefits for a compensable injury. McRae v. Arby’s Restaurant Group, 313 Ga. App. 313 (721 SE2d 602) (2011). Because the Court of Appeals erroneously held an employee is not required to authorize such communications, we reverse.

The facts in this case are undisputed. Appellee Laura McRae sustained a work injury in February 2006 for which she filed a claim for workers’ compensation. Her employer, appellant Arby’s Restaurant Group, accepted the claim as compensable and commenced income benefits. As part of her claim for benefits, McRae signed a form authorizing the release of medical information. McRae’s treating physician subsequently issued a report concluding McRae had reached maximum medical improvement and had incurred a 65 percent permanent partial disability impairment. After receiving the report, counsel for Arby’s attempted to arrange an ex parte conference with her treating physician, but the physician refused to meet without McRae or her counsel present.

Arby’s then filed a motion to dismiss McRae’s hearing request or in the alternative to request an order authorizing the treating[*244] physician to communicate with an Arby’s representative. See OCGA § 34-9-207 (a) (authorizing board to withhold benefits or remove hearing from calendar during time that employee unjustifiably refuses to sign required medical release). The board issued an order directing McRae to sign a medical release to her treating physician “expressly authorizing [her treating physician] to meet privately with a representative (or representatives) of the Employer/Insurer and discuss or provide medical information about the Employee’s claim.” When McRae refused to sign the board-ordered medical release, her hearing request was removed from the hearing calendar. The appellate division of the State Board of Workers’ Compensation and the superior court upheld the board’s order. A majority of the Court of Appeals reversed, holding that OCGA § 34-9-207 (a) provides no support for the claim that an employer is entitled to engage in ex parte communications with a treating physician.

1. Under Georgia law, an employer in a workers’ compensation case is entitled to seek from any physician who has examined, treated, or tested the employee “all information and records related to the examination, treatment, testing, or consultation concerning the employee.” OCGA § 34-9-207 (a). The employee is

deemed to have waived any privilege or confidentiality concerning any communications related to the claim or history or treatment of injury arising from the incident that the employee has had with any physician, including, but not limited to, communications with psychiatrists or psychologists. This waiver shall apply to the employee’s medical history with respect to any condition or complaint reasonably related to the condition for which such employee claims compensation.

Id. Under the unambiguous language of OCGA § 34-9-207 (a), any privilege the employee may have had in protected medical records and information related to a workers’ compensation claim is waived once the employee submits a claim for workers’ compensation benefits or is receiving weekly income benefits or the employer has paid any medical expenses. The occurrence of any one of these triggering events waives the employee’s privilege in confidential health information and the information may be released by a treating physician.

Although OCGA § 34-9-207 (a) specifies the category of information for which the privilege is waived, it is silent with regard to the methods by which the requested information may be provided. The Court of Appeals construed OCGA § 34-9-207 (a) to preclude informal ex parte communications between McRae’s treating physician and[*245] her employer because, it concluded, the requirement to disclose “all information and records” could not reasonably be interpreted as requiring the disclosure of anything other than tangible documentation. McRae, supra, 313 Ga. App. at 316. The Court of Appeals’ failure to distinguish between the terms “records” and “information,” however, is not supported by the language of OCGA § 34-9-207 (a) or application of generally accepted rules of statutory interpretation.

As recognized by the dissenting judges in McRae, when considering the meaning of a statute courts must “afford the words of the statute their ‘ordinary signification,’ see OCGA § 1-3-1 (a), [and] we must presume that the General Assembly meant what it said and said what it meant.” Id. at 319. Further, when interpreting a statute courts must give meaning and intent to all words, bearing in mind that “[w]here the language of a statute is plain and unambiguous, judicial construction is not only unnecessary but forbidden.” Six Flags Over Ga. II v. Kull, 276 Ga. 210, 211 (576 SE2d 880) (2003). OCGA § 34-9-207 (a) by its plain language requires a treating physician to disclose not just tangible documents, but also “information related to the examination, treatment, testing, or consultation concerning the employee.” Giving the term “information” its generally accepted meaning, we agree with the dissent’s determination that “information,” as properly interpreted, includes “knowledge or data that is communicated to another, regardless of whether the knowledge or data has been memorialized in any tangible medium or exists only in the memory and voice of the person communicating it.” McRae at 319. See The New Shorter Oxford English Dictionary 1364 (Vbl. 1 1993) (“information” is “[k]nowledge or facts communicated about a particular subject, event”); Webster’s Third New International Dictionary 1160 (1976) (“information” is “knowledge communicated by others or obtained from investigation, study, or instruction” or “knowledge of a particular event or situation”). We conclude, therefore, that “information” as used in OCGA § 34-9-207 (a) includes oral communications and the Court of Appeals erred by interpreting OCGA § 34-9-207 (a) to prohibit oral communications between a treating physician and an employer.

Despite the policy arguments set forth by McRae and amici curiae in this appeal, we discern no legal grounds for prohibiting ex parte oral communication between a treating physician and an employer to the extent confidentiality is waived by an employee in a workers’ compensation case. OCGA § 34-9-207 (a) does not expressly prohibit ex parte communications, and the Health Insurance Portability and Accountability Act’s (HIPAA) privacy provisions do not preempt Georgia law on the subject of ex parte communications because HIPAA exempts from its requirements disclosures made in[*246] accordance with state workers’ compensation laws.[1] See 45 CFR § 164.512 (1). Nor is our decision in this case controlled by our holding in Baker v. Wellstar Health Systems, 288 Ga. 336 (703 SE2d 601) (2010). Baker was a medical malpractice case, and thus the disclosure in Baker was subject to HIPAA’s requirements for disclosure. Id. at 336-337. Moreover, although we acknowledged in that case that “the substantive right to medical privacy under Georgia law endures,” an employee waives this right under OCGA § 34-9-207 (a) with respect to a compensable injury once a claim for workers’ compensation benefits has been submitted, weekly income benefits have been received, or any medical expenses have been paid by the employer. Id. at 338. Therefore, we hold an employer may seek relevant protected health information informally by communicating orally with an employee’s treating physician.

2. While neither OCGA § 34-9-207 (a), HIPAA, nor Georgia substantive law precludes ex parte communications between a treating physician and an employer in a workers’ compensation case as long as such communication is appropriately related to the compensable injury, we are aware that when a treating physician engages in ex parte communications with the employer there exists a risk that the communication may exceed the bounds of the privilege waived. This Court has vigilantly protected the privacy rights of our citizens in confidential health information and will continue to do so. See Baker, supra, 288 Ga. at 338 (right to medical privacy protected by Georgia Constitution); Moreland v. Austin, 284 Ga. 730, 733 (670 SE2d 68) (2008) (holding in a medical malpractice case that more stringent HIPAAprivacy rule preempts Georgia law with regard to ex parte communications between defense counsel and treating physicians); King v. State, 272 Ga. 788, 790 (535 SE2d 492) (2000) (recognizing state right to privacy in personal medical records). At the same time, our General Assembly enacted a workers’ compensation statute favoring equal access to all information and records related to the employee’s medical treatment prior to the initiation of formal discovery and which deems waived any privilege concerning communications between the employee and a treating physician. See OCGA § 34-9-102 (d) (1) (limiting formal discovery in workers’ compensation to litigated cases). We believe a complete prohibition on all ex parte communications would be inconsistent with the policy favoring full disclosure in workers’ compensation cases, as well as the goal of our[*247] workers’ compensation statute of providing equal access to relevant information within an efficient and streamlined proceeding so as not to delay the payment of benefits to an injured employee. See Doss v. Food Lion, 267 Ga. 312, 313 (477 SE2d 577) (1996) (workers’ compensation exclusive remedy provision is the “quid pro quo for workers receiving a guarantee of prompt benefits for work-related injuries without regard to fault or common-law defenses and without the delay inherent in tort litigation”); Ogden v. Clark Thread Co., 93 Ga. App. 227 (91 SE2d 191) (1956) (General Assembly contemplated expeditious determination of workers’ compensation claims). See also 7 Larson’s Workmen’s Compensation Law § 124.01 (2011) (“The whole idea [of workers’ compensation] is to get away from cumbersome procedures and technicalities of pleading, and to reach a right decision by the shortest and quickest possible route.”). Thus, while we hold that Georgia law authorizes an employer to request an informal ex parte interview with a treating physician pursuant to the employee’s waiver of confidentiality, because an employee maintains a right to privacy in any health information not pertaining to the compensable injury, we urge the parties when requesting such communications, and the board when authorizing them, to set parameters consistent with privacy protections afforded under state and federal law. See generally Baker, supra, 288 Ga. at 339-340. We also remind the board that it retains its authority to issue orders when necessary to protect an employee’s privacy interest in information for which a privilege has not been waived. See OCGA § 34-9-58 (board “shall exercise all powers and perform all the duties relating to the enforcement of [the Act]”).

Finally, we note that while treating physicians are required under OCGA § 34-9-207 (a) to provide the relevant information “within a reasonable time and for a reasonable charge,” the statute does not demand that they agree to be interviewed ex parte. Under our statutory scheme, physicians may agree to be interviewed only on the condition that their own counsel, or the employee or her counsel, is present, may request that the interview be audio or video recorded, and may share the substance of the interview with the employee and her counsel.

3. Because OCGA § 34-9-207 (a) does not prohibit ex parte communications between McRae’s treating physician and defense counsel regarding health information for which any privilege has been waived, we conclude the board acted within its discretion by ordering McRae to sign a limited medical release or have her case removed from the hearing calendar. The contrary opinion of the Court of Appeals is reversed.

[*248] Decided November 5, 2012 — Reconsideration denied December 12, 2012. Hamilton, Westby, Antonowich & Anderson, Andrew J. Hamilton, James H. Chandler, Drew, Eckl & Farnham, Matthew D. Walker, for appellant. Clements & Sweet, Lawrence T. Clements, Bruce P. Johnson, for appellee. McLain & Merritt, Clayton E. Robertson, Drew, Eckl & Farnham, H. Michael Bagley, J. Benson Ward, Matthew D. Walker, Ross & Levy, C. Todd Ross, John D. Blair, Laura M. Shamp, Thomas A. Eaton, Morgan & Morgan, Todd K. Maziar, George & Wallach, Alex B. Wallach, amici curiae.

Judgment reversed.

Hunstein, C. J., Benham, Hines, Melton, Nahmias, JJ., and Chief Judge Mark Anthony Scott concur. Blackwell, J., disqualified.
1

We note, however, that HIPAA authorizes the disclosure of both oral information and information recorded in any form or medium without authorization or opportunity to agree or object when authorized in accordance with state workers’ compensation laws. See 45 CFR § 160.103; 45 CFR § 164.512.