legitimate claim (Georgia) · Go Syfert
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legitimate claim in Georgia

37 Georgia opinions name it 2 courts 1976–2025 3 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (26)

CaseFollowedCited
Board of Regents of State Colleges v. Rothgreen
scotus · 1972 · cited in 14 Georgia opinions naming this issue, 1976–2017
2 sentences

2017He must, instead, have a legitimate claim of entitlement to it.” Id.

2017He must, instead, have a legitimate claim of entitlement to it.” Id.

614
Pace v. Smithgreen
ga · 1982 · cited in 3 Georgia opinions naming this issue, 1993–2005
2 sentences

2005He must, instead, have a legitimate claim of entitlement to it.” (Citation and punctuation omitted.) Pace v. Smith, 248 Ga. 728, 732-733 (3) ( 286 SE2d 18 ) (1982).

2005He must, instead, have a legitimate claim of entitlement to it.” (Citation and punctuation omitted.) Pace v. Smith, 248 Ga. 728, 732-733 (3) ( 286 SE2d 18 ) (1982).

33
Walker v. SAPELO ISLAND HERITAGE AUTHORITYgreen
ga · 2009 · cited in 2 Georgia opinions naming this issue, 2009–2021
2 sentences

2021A “claim of right” is synonymous with a “claim of title” and a “claim of ownership.” Walker, 285 Ga. at 196 (2); Simmons v. Community Renewal & Redemption, LLC, 286 Ga. 6, 6 (1) ( 685 SE2d 75 ) (2009).

2009Regardless of whether Simmons’ alleged acts constitute possession that has been continuous and exclusive for over 20 years, the evidence clearly shows that he has never had a legitimate claim of right to the property. “[T]he term ‘claim of right’ is synonymous with ‘claim of title’ and ‘claim of ownership.’ (Cit.) While this does not mean that the possession must be accompanied by a claim of title out of some predecessor, it does mean that there must be some claim of title in the sense that the possessor claims the property as his own.” [Cit.] Walker v. Sapelo Island Heritage Auth., 285 Ga. 19

22
Goldrush II v. City of Mariettagreen
ga · 1997 · cited in 3 Georgia opinions naming this issue, 2008–2017
2 sentences

2017Though it may be true that an occupational or business license — once secured — can become a protected property right, see, e.g, Goldrush II v. City of Marietta, 267 Ga. 683 (7) ( 482 SE2d 347 ) (1997); Drury, 263 Ga. at 431 , there is no argument here that the Act deprives Appellants of their CPNCs or of their right to engage in the taxicab business; indeed, a CPNC is still necessary to operate a taxicab in the City of Atlanta.

2017Though it may be true that an occupational or business license — once secured — can become a protected property right, see, e.g, Goldrush II v. City of Marietta, 267 Ga. 683 (7) ( 482 SE2d 347 ) (1997); Drury, 263 Ga. at 431 , there is no argument here that the Act deprives Appellants of their CPNCs or of their right to engage in the taxicab business; indeed, a CPNC is still necessary to operate a taxicab in the City of Atlanta.

13
Drummond v. Fulton County Department of Family & Children Servicesgreen
ga · 1976 · cited in 1 Georgia opinions naming this issue, 2025–2025
1 sentence

2025He must, instead, have a legitimate claim of entitlement to it. 5 (Citation, punctuation, and footnote omitted.) Drummond, 237 Ga. at 452, 454 (1).

11
West v. Dooly County School Districtgreen
gactapp · 2012 · cited in 1 Georgia opinions naming this issue, 2022–2022
1 sentence

2022While Sigmon, as a 8 former DeKalb teacher, “surely had an abstract concern in being rehired, [she] did not have a property interest [in such re-employment].” West, supra at 334 (1) (b) (citation and punctuation omitted, emphasis in original).

11
Kanitra v. City of Greensborogreen
ga · 2015 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022He must, instead, have a legitimate claim of entitlement to it.” Kanitra v. City of Greensboro, 296 Ga. 674, 677 (3) ( 769 SE2d 911 ) (2015) (citation and punctuation omitted).

2022He must, instead, have a legitimate claim of entitlement to it.” Kanitra v. City of Greensboro, 296 Ga. 674, 677 (3) ( 769 SE2d 911 ) (2015) (citation and punctuation omitted).

11
Georgia Power Co. v. Irvingreen
ga · 1997 · cited in 1 Georgia opinions naming this issue, 2021–2021
1 sentence

2021See Ga. Power Co., 267 Ga. at 766 (2); Halpern, 259 Ga. at 265-266 (1) (it is for the jury to determine whether a possessor 9 maintained hostile possession of the property in good faith that a claim of right exists).

11
Halpern v. THE LACY INVEST. CORP.green
ga · 1989 · cited in 1 Georgia opinions naming this issue, 2021–2021
1 sentence

2021See Ga. Power Co., 267 Ga. at 766 (2); Halpern, 259 Ga. at 265-266 (1) (it is for the jury to determine whether a possessor 9 maintained hostile possession of the property in good faith that a claim of right exists).

11
Simmons v. Community Renewal & Redemption, LLCgreen
ga · 2009 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021A “claim of right” is synonymous with a “claim of title” and a “claim of ownership.” Walker, 285 Ga. at 196 (2); Simmons v. Community Renewal & Redemption, LLC, 286 Ga. 6, 6 (1) ( 685 SE2d 75 ) (2009).

2021A “claim of right” is synonymous with a “claim of title” and a “claim of ownership.” Walker, 285 Ga. at 196 (2); Simmons v. Community Renewal & Redemption, LLC, 286 Ga. 6, 6 (1) ( 685 SE2d 75 ) (2009).

11
Hardaway Co. v. Parsons, Brinckerhoff, Quade & Douglas, Inc.green
ga · 1997 · cited in 1 Georgia opinions naming this issue, 2004–2004
1 sentence

2004“A plain reading of the essential elements underlying [this] cause of action shows that in order to file a legitimate claim, [the plaintiffs] had to show actual economic loss proximately resulting from [the defendants’] negligent misrepresentation.” (Citation and footnote omitted.) Hardaway Co., supra at 427 (1).

11
Cargill v. Zantgreen
gactapp · 1993 · cited in 1 Georgia opinions naming this issue, 2002–2002
2 sentences

2002As an applicant, he has only an ‘unprotected unilateral expectation’ of employment”). 46 See Williams, supra; Cargill v. Zant, 207 Ga. App. 393, 394 ( 427 SE2d 809 ) (1993).

2002As an applicant, he has only an ‘unprotected unilateral expectation’ of employment”). 46 See Williams, supra; Cargill v. Zant, 207 Ga. App. 393, 394 ( 427 SE2d 809 ) (1993).

11
DeClue v. City of Claytongreen
gactapp · 2000 · cited in 1 Georgia opinions naming this issue, 2002–2002
2 sentences

2002He must, instead, have a legitimate claim of entitlement to it”) (punctuation omitted); see also DeClue v. City of Clayton, 246 Ga. App. 487, 489 (1) ( 540 SE2d 675 ) (2000) (“Under Georgia law, generally, one in public employment has no vested right to such employment.”); Johnson v. New York City Police Dept., 2001 U. S. App. LEXIS 26167 at *2 (2nd Cir. 2001) (plaintiff “cannot claim a property interest in a prospective job.

2002He must, instead, have a legitimate claim of entitlement to it”) (punctuation omitted); see also DeClue v. City of Clayton, 246 Ga. App. 487, 489 (1) ( 540 SE2d 675 ) (2000) (“Under Georgia law, generally, one in public employment has no vested right to such employment.”); Johnson v. New York City Police Dept., 2001 U. S. App. LEXIS 26167 at *2 (2nd Cir. 2001) (plaintiff “cannot claim a property interest in a prospective job.

11
Hancock County v. Williamsgreen
ga · 1973 · cited in 1 Georgia opinions naming this issue, 1999–1999
2 sentences

1999All the Justices concur. 1 See OCGA §§ 52-1-1 to 52-1-10. 2 Ga. L. 1992, 2317. 3 The term “structure” is defined by OCGA § 52-1-3 (3). 4 The term “tidewaters” is defined by OCGA § 52-1-3 (4). 5 OCGA § 52-1-5 sets forth the DNR’s power to order the removal of such structures. 6 OCGA § 52-1-10 (a). 7 See OCGA § 52-1-6. 8 See OCGA § 52-1-3 (3). 9 OCGA § 52-1-3 (3). 10 See OCGA § 12-2-1 (c). 11 OCGA § 12-2-1 (c), (d). 12 262 Ga. 506 ( 422 SE2d 195 ) (1992). 13 Id. at 508-510 . 14 Id. at 509 . 15 See Hancock County v. Williams, 230 Ga. 723, 724 ( 198 SE2d 659 ) (1973), in which Hancock County raise

1999All the Justices concur. 1 See OCGA §§ 52-1-1 to 52-1-10. 2 Ga. L. 1992, 2317. 3 The term “structure” is defined by OCGA § 52-1-3 (3). 4 The term “tidewaters” is defined by OCGA § 52-1-3 (4). 5 OCGA § 52-1-5 sets forth the DNR’s power to order the removal of such structures. 6 OCGA § 52-1-10 (a). 7 See OCGA § 52-1-6. 8 See OCGA § 52-1-3 (3). 9 OCGA § 52-1-3 (3). 10 See OCGA § 12-2-1 (c). 11 OCGA § 12-2-1 (c), (d). 12 262 Ga. 506 ( 422 SE2d 195 ) (1992). 13 Id. at 508-510 . 14 Id. at 509 . 15 See Hancock County v. Williams, 230 Ga. 723, 724 ( 198 SE2d 659 ) (1973), in which Hancock County raise

11
Gilbert v. Richardsongreen
ga · 1994 · cited in 1 Georgia opinions naming this issue, 1998–1998
1 sentence

1998See Gilbert, supra at 750 (4).

11
Resolution Trust Corporation v. Town Of Highland Beachgreen
ca11 · 1994 · cited in 1 Georgia opinions naming this issue, 1997–1997
2 sentences

1997The same principle is applicable: the licensees must have more than a unilateral expectation that their licenses will be renewed year after year—they must have a legitimate claim of entitlement to license renewal ( Board of Regents v. Roth, supra, 408 U.S. at 577 , 92 S.Ct. at 2709 ) "based upon a state law, regulation, policy, or a mutually explicit understanding a governmental body puts forth...." Resolution Trust Corp. v. Town of Highland Beach, 18 F.3d 1536, 1544 (11th Cir.1994).

1997The same principle is applicable: the licensees must have more than a unilateral expectation that their licenses will be renewed year after year — they must have a legitimate claim of entitlement to license renewal (Bd. of Regents v. Roth, supra, 408 U. S. at 577 ) “based upon a state law, regulation, policy, or a mutually explicit understanding a governmental body puts forth. . . .” Resolution Trust Corp. v. Town of Highland Beach, 18 F3d 1536, 1544 (11th Cir. 1994).

11
Bundo v. City of Walled Lakegreen
mich · 1976 · cited in 1 Georgia opinions naming this issue, 1997–1997
2 sentences

1997Compare Bundo v. Walled Lake, 395 Mich. 679 , 238 N.W.2d 154 (1976), and Bosselman v. State of Nebraska, 230 Neb. 471 , 432 N.W.2d 226 (1988), where the Michigan and Nebraska supreme courts ruled that a licensee had a constitutionally-protected interest in obtaining a renewal of a liquor license. 10.

1997Compare Bundo v. Walled Lake, 395 Mich. 679 , 238 N.W.2d 154 (1976), and Bosselman v. State of Nebraska, 230 Neb. 471 , 432 N.W.2d 226 (1988), where the Michigan and Nebraska supreme courts ruled that a licensee had a constitutionally-protected interest in obtaining a renewal of a liquor license. 10.

11
Bosselman, Inc. v. Stategreen
neb · 1988 · cited in 1 Georgia opinions naming this issue, 1997–1997
2 sentences

1997Compare Bundo v. Walled Lake, 395 Mich. 679 , 238 N.W.2d 154 (1976), and Bosselman v. State of Nebraska, 230 Neb. 471 , 432 N.W.2d 226 (1988), where the Michigan and Nebraska supreme courts ruled that a licensee had a constitutionally-protected interest in obtaining a renewal of a liquor license. 10.

1997Compare Bundo v. Walled Lake, 395 Mich. 679 , 238 N.W.2d 154 (1976), and Bosselman v. State of Nebraska, 230 Neb. 471 , 432 N.W.2d 226 (1988), where the Michigan and Nebraska supreme courts ruled that a licensee had a constitutionally-protected interest in obtaining a renewal of a liquor license. 10.

11
Chambliss v. Robersongreen
gactapp · 1982 · cited in 1 Georgia opinions naming this issue, 1997–1997
2 sentences

1997Von Hoff v. Carmichael, 204 Ga. App. 760, 762 (3) ( 420 SE2d 643 ) [(1992)].” (Punctuation omitted.) Pardo v. State, 215 Ga. App. 317, 320 (9) ( 450 SE2d 440 ) (1994); see also Chambliss v. Roberson, 164 Ga. App. 579, 580 (1) ( 298 SE2d 550 ) (1982). “[impartiality might reasonably be questioned” means a reasonable perception, of lack of impartiality by the judge, held by a fair minded and impartial person based upon objective fact or reasonable inference; it is not based upon the perception of either interested parties or their lawyer-advocates, seeking to judge shop and to gain a trial advan

1997Von Hoff v. Carmichael, 204 Ga. App. 760, 762 (3) ( 420 SE2d 643 ) [(1992)].” (Punctuation omitted.) Pardo v. State, 215 Ga. App. 317, 320 (9) ( 450 SE2d 440 ) (1994); see also Chambliss v. Roberson, 164 Ga. App. 579, 580 (1) ( 298 SE2d 550 ) (1982). “[impartiality might reasonably be questioned” means a reasonable perception, of lack of impartiality by the judge, held by a fair minded and impartial person based upon objective fact or reasonable inference; it is not based upon the perception of either interested parties or their lawyer-advocates, seeking to judge shop and to gain a trial advan

11
Von Hoff v. Carmichaelgreen
gactapp · 1992 · cited in 1 Georgia opinions naming this issue, 1997–1997
2 sentences

1997Von Hoff v. Carmichael, 204 Ga. App. 760, 762 (3) ( 420 SE2d 643 ) [(1992)].” (Punctuation omitted.) Pardo v. State, 215 Ga. App. 317, 320 (9) ( 450 SE2d 440 ) (1994); see also Chambliss v. Roberson, 164 Ga. App. 579, 580 (1) ( 298 SE2d 550 ) (1982). “[impartiality might reasonably be questioned” means a reasonable perception, of lack of impartiality by the judge, held by a fair minded and impartial person based upon objective fact or reasonable inference; it is not based upon the perception of either interested parties or their lawyer-advocates, seeking to judge shop and to gain a trial advan

1997Von Hoff v. Carmichael, 204 Ga. App. 760, 762 (3) ( 420 SE2d 643 ) [(1992)].” (Punctuation omitted.) Pardo v. State, 215 Ga. App. 317, 320 (9) ( 450 SE2d 440 ) (1994); see also Chambliss v. Roberson, 164 Ga. App. 579, 580 (1) ( 298 SE2d 550 ) (1982). “[impartiality might reasonably be questioned” means a reasonable perception, of lack of impartiality by the judge, held by a fair minded and impartial person based upon objective fact or reasonable inference; it is not based upon the perception of either interested parties or their lawyer-advocates, seeking to judge shop and to gain a trial advan

11
Pardo v. Stategreen
gactapp · 1994 · cited in 1 Georgia opinions naming this issue, 1997–1997
2 sentences

1997Von Hoff v. Carmichael, 204 Ga. App. 760, 762 (3) ( 420 SE2d 643 ) [(1992)].” (Punctuation omitted.) Pardo v. State, 215 Ga. App. 317, 320 (9) ( 450 SE2d 440 ) (1994); see also Chambliss v. Roberson, 164 Ga. App. 579, 580 (1) ( 298 SE2d 550 ) (1982). “[impartiality might reasonably be questioned” means a reasonable perception, of lack of impartiality by the judge, held by a fair minded and impartial person based upon objective fact or reasonable inference; it is not based upon the perception of either interested parties or their lawyer-advocates, seeking to judge shop and to gain a trial advan

1997Von Hoff v. Carmichael, 204 Ga. App. 760, 762 (3) ( 420 SE2d 643 ) [(1992)].” (Punctuation omitted.) Pardo v. State, 215 Ga. App. 317, 320 (9) ( 450 SE2d 440 ) (1994); see also Chambliss v. Roberson, 164 Ga. App. 579, 580 (1) ( 298 SE2d 550 ) (1982). “[impartiality might reasonably be questioned” means a reasonable perception, of lack of impartiality by the judge, held by a fair minded and impartial person based upon objective fact or reasonable inference; it is not based upon the perception of either interested parties or their lawyer-advocates, seeking to judge shop and to gain a trial advan

11
Vivian Hatcher v. Board of Public Education and Orphanage for Bibb Countygreen
ca11 · 1987 · cited in 1 Georgia opinions naming this issue, 1995–1995
1 sentence

1995Hatcher v. Bd. of Public Educ. and Orphanage, 809 F.2d 1546, 1551 (11th Cir.1987). [5] The holding in Ellis-Adams serves as physical precedent only since two of the six-judge majority concurred in judgment only.

11
Amason v. Whiteheadgreen
gactapp · 1988 · cited in 1 Georgia opinions naming this issue, 1992–1992
2 sentences

1992To prevail based upon this theory it is necessary to show that the shareholders disregarded the corporate entity and ‘made it a mere instrumentality for the transaction of their own affairs; that there is such unity of interest and ownership that the separate personalities of the corporation and the owners no longer exist.’ [Cit.] ‘ “The concept of piercing the corporate veil is applied in Georgia to remedy injustices which arise where a party ‘has over extended his privilege in the use of a corporate entity in order to defeat justice, perpet[r]ate fraud or to evade contractual or tort respons

1992To prevail based upon this theory it is necessary to show that the shareholders disregarded the corporate entity and ‘made it a mere instrumentality for the transaction of their own affairs; that there is such unity of interest and ownership that the separate personalities of the corporation and the owners no longer exist.’ [Cit.] ‘ “The concept of piercing the corporate veil is applied in Georgia to remedy injustices which arise where a party ‘has over extended his privilege in the use of a corporate entity in order to defeat justice, perpet[r]ate fraud or to evade contractual or tort respons

11
Wofford Oil Co. v. City of Calhoungreen
ga · 1936 · cited in 1 Georgia opinions naming this issue, 1981–1981
11
Densmore v. Westgreen
ga · 1950 · cited in 1 Georgia opinions naming this issue, 1981–1981
11
Brooks v. Stategreen
gactapp · 1973 · cited in 1 Georgia opinions naming this issue, 1977–1977
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
State Board of Education v. Drury green
ga · 1993
2 sentences

2017Though it may be true that an occupational or business license — once secured — can become a protected property right, see, e.g, Goldrush II v. City of Marietta, 267 Ga. 683 (7) ( 482 SE2d 347 ) (1997); Drury, 263 Ga. at 431 , there is no argument here that the Act deprives Appellants of their CPNCs or of their right to engage in the taxicab business; indeed, a CPNC is still necessary to operate a taxicab in the City of Atlanta.

1998He must, instead, have a legitimate claim of entitlement to it.” (Citation and punctuation omitted.) Id.

31998–2017
Laster v. State green
ga · 1997
2 sentences

2009Laster v. State, 268 Ga. 172 (2) ( 486 SE2d 153 ) (1997).

2009Laster v. State, 268 Ga. 172 (2) ( 486 SE2d 153 ) (1997).

22000–2009
Shields v. State green
ga · 2000
1 sentence

2003Id.

12003–2003
Nix v. Long Mountain Resources, Inc. green
ga · 1992
2 sentences

1999All the Justices concur. 1 See OCGA §§ 52-1-1 to 52-1-10. 2 Ga. L. 1992, 2317. 3 The term “structure” is defined by OCGA § 52-1-3 (3). 4 The term “tidewaters” is defined by OCGA § 52-1-3 (4). 5 OCGA § 52-1-5 sets forth the DNR’s power to order the removal of such structures. 6 OCGA § 52-1-10 (a). 7 See OCGA § 52-1-6. 8 See OCGA § 52-1-3 (3). 9 OCGA § 52-1-3 (3). 10 See OCGA § 12-2-1 (c). 11 OCGA § 12-2-1 (c), (d). 12 262 Ga. 506 ( 422 SE2d 195 ) (1992). 13 Id. at 508-510 . 14 Id. at 509 . 15 See Hancock County v. Williams, 230 Ga. 723, 724 ( 198 SE2d 659 ) (1973), in which Hancock County raise

1999All the Justices concur. 1 See OCGA §§ 52-1-1 to 52-1-10. 2 Ga. L. 1992, 2317. 3 The term “structure” is defined by OCGA § 52-1-3 (3). 4 The term “tidewaters” is defined by OCGA § 52-1-3 (4). 5 OCGA § 52-1-5 sets forth the DNR’s power to order the removal of such structures. 6 OCGA § 52-1-10 (a). 7 See OCGA § 52-1-6. 8 See OCGA § 52-1-3 (3). 9 OCGA § 52-1-3 (3). 10 See OCGA § 12-2-1 (c). 11 OCGA § 12-2-1 (c), (d). 12 262 Ga. 506 ( 422 SE2d 195 ) (1992). 13 Id. at 508-510 . 14 Id. at 509 . 15 See Hancock County v. Williams, 230 Ga. 723, 724 ( 198 SE2d 659 ) (1973), in which Hancock County raise

11999–1999
Lombard Corp. v. Collins neutral
gactapp · 1997
2 sentences

1998The Court of Appeals then reversed the trial court’s dismissal of the suit as moot, creating a “public policy exception” to the mootness doctrine, holding “that it violates public policy of this state to allow a case to be mooted by the intervention of a third-party who is not a party to the litigation, . . . that a legitimate exception exists to the usual rules of mootness under these existing circumstances, and that the suit was not rendered moot by the payment of the tax assessments by the third party.” Lombard Corp. v. Scott, 229 Ga. App. 654 (2) ( 494 SE2d 538 ) (1997).

1998The Court of Appeals then reversed the trial court’s dismissal of the suit as moot, creating a “public policy exception” to the mootness doctrine, holding “that it violates public policy of this state to allow a case to be mooted by the intervention of a third-party who is not a party to the litigation, . . . that a legitimate exception exists to the usual rules of mootness under these existing circumstances, and that the suit was not rendered moot by the payment of the tax assessments by the third party.” Lombard Corp. v. Scott, 229 Ga. App. 654 (2) ( 494 SE2d 538 ) (1997).

11998–1998
Rowland v. Vickers green
ga · 1974
2 sentences

1991Such a choice directly contradicts the majority's third criterion for the application of res judicata, that the party have a full and fair opportunity to litigate. (1) The majority cites Rowland v. Vickers, 233 Ga. 67 , 209 S.E.2d 592 (1974) and Marchman & Sons v. Nelson, 251 Ga. 475 , 306 S.E.2d 290 (1983) for the proposition that a voluntary dismissal "with prejudice" between co-parties seeking indemnity or contribution should have the same preclusive effect as a court-ordered dismissal between a plaintiff and a defendant.

1991Such a choice directly contradicts the majority's third criterion for the application of res judicata, that the party have a full and fair opportunity to litigate. (1) The majority cites Rowland v. Vickers, 233 Ga. 67 , 209 S.E.2d 592 (1974) and Marchman & Sons v. Nelson, 251 Ga. 475 , 306 S.E.2d 290 (1983) for the proposition that a voluntary dismissal "with prejudice" between co-parties seeking indemnity or contribution should have the same preclusive effect as a court-ordered dismissal between a plaintiff and a defendant.

11991–1991
Marchman & Sons, Inc. v. Nelson green
ga · 1983
2 sentences

1991Such a choice directly contradicts the majority's third criterion for the application of res judicata, that the party have a full and fair opportunity to litigate. (1) The majority cites Rowland v. Vickers, 233 Ga. 67 , 209 S.E.2d 592 (1974) and Marchman & Sons v. Nelson, 251 Ga. 475 , 306 S.E.2d 290 (1983) for the proposition that a voluntary dismissal "with prejudice" between co-parties seeking indemnity or contribution should have the same preclusive effect as a court-ordered dismissal between a plaintiff and a defendant.

1991Such a choice directly contradicts the majority's third criterion for the application of res judicata, that the party have a full and fair opportunity to litigate. (1) The majority cites Rowland v. Vickers, 233 Ga. 67 , 209 S.E.2d 592 (1974) and Marchman & Sons v. Nelson, 251 Ga. 475 , 306 S.E.2d 290 (1983) for the proposition that a voluntary dismissal "with prejudice" between co-parties seeking indemnity or contribution should have the same preclusive effect as a court-ordered dismissal between a plaintiff and a defendant.

11991–1991
Schware v. Board of Bar Examiners of NM green
scotus · 1957
11982–1982
Mattox v. Board of Education green
ga · 1918
11981–1981

Statutes the citing opinions construe

USC § 42u.s.c.1983 (7) GA § 20-2-942 (4) GA § 20-2-940 (3) GA § 45-6-5 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 142 (1883–2026) IL 129 (1871–2025) NY 111 (1906–2026) PA 103 (1899–2025) CA 101 (1933–2026) IN 69 (1930–2026) WA 62 (1969–2024) MI 57 (1974–2025) NJ 49 (1923–2026) OH 44 (1977–2024) MO 44 (1880–2024) FL 41 (1931–2026) MS 41 (1977–2024) CT 39 (1871–2026) GA 37 (1976–2025) NM 36 (1954–2026) WV 36 (1928–2021) MA 32 (1977–2020) MD 29 (1864–2021) LA 28 (1926–2023) CO 28 (1952–2025) MN 27 (1979–2024) ID 26 (1975–2024) NC 26 (1905–2026) RI 26 (1978–2015) DC 24 (1974–2021) MT 24 (1980–2019) HI 22 (1985–2025) KS 22 (1895–2022) WI 21 (1976–2021) TN 21 (1938–2026) AL 19 (1871–2016) AZ 19 (1969–2021) UT 18 (1969–2026) OR 18 (1968–2025) KY 18 (1853–2025) IA 17 (1903–2018) OK 16 (1929–2023) WY 14 (1983–2025) NE 13 (1935–2017) ME 12 (1984–2024) DE 11 (1983–2025) SD 10 (1950–2014) NH 10 (1975–2021) VA 10 (1993–2023) SC 8 (1984–2026) VT 7 (1993–2024) ND 6 (1970–2010) NV 5 (1981–2017) AK 4 (1978–2025) AR 3 (1980–2017) VI 3 (2015–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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