Avery v. Paulding Cnty. Airport Auth. (2017)
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SEA ISLAND COMPANY, LLC v. JANE FRASER (2025)
Similarly in Avery, a group of taxpayers as “‘citizens of Georgia and residents and taxpayers of Paulding County,’” sought “to declare void an ultra vires act of the county” but did “not allege any uncertainty or insecurity as to their rights, status, or legal relations.” 343 Ga. App. at 845 (2).
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Therefore, if matters outside the pleadings were presented to the trial court, which then considered these matters as it resolved the case, then a reviewing court is required to treat the resulting trial court’s order as a ruling on a motion for summary judgment.5 4 See generally Avery, 343 Ga. App. at 832-838 (detailing the underlying controversy); see also RTA Strategy, LLC v. Silver Comet Terminal Partners, LLC, 347 Ga. App. 266 , 266-269 ( 817 SE2d 720 ) (2018) (providin…
detailing the underlying controversy
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STEPHEN HUGHES v. GWINNETT COUNTY (2025)
Avery v. Paulding County Airport Auth., 343 Ga. App. 832, 844 (2) ( 808 SE2d 15 ) (2017) (citations and punctuation omitted).
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VOTERGA v. STATE OF GEORGIA (2023)
Still, “the relief sought by a plaintiff must have some immediate legal effect on the parties’ conduct, rather than simply burning off an abstract fog of uncertainty.” City of Atlanta v. Atlanta Independent School System, 307 Ga. 877, 880 ( 838 SE2d 834 ) (2020). “[W]here the party seeking declaratory judgment does not show it is in a position of uncertainty as to an alleged right, dismissal of the declaratory judgment action is proper; otherwise, the trial court will be iss…
See generally Avery , supra at 838, n. 9 , 808 S.E.2d 15 , and 845-846 (3).