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37 Georgia opinions name it 2 courts 1918–2025 7 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.
| Case | Followed | Cited |
|---|---|---|
SRB Investment Services, LLLP v. Branch Banking & Trust Co.green2 sentences2025Co., 289 Ga. 1, 5 (3) ( 709 SE2d 267 ) (2011) (“We will not reverse the trial court’s decision to grant or deny an interlocutory injunction unless the trial court made an error of law that contributed to the decision, there was no evidence on an element essential to relief, or the court manifestly abused its discretion.” (punctuation omitted)); Kinard, 278 Ga. at 149 (“The trial court has broad discretion under OCGA § 9–5–8 in deciding whether to grant a request for an interlocutory injunction.”). 28 SRB Inv. 2025Co., 289 Ga. 1, 5 (3) ( 709 SE2d 267 ) (2011) (“We will not reverse the trial court’s decision to grant or deny an interlocutory injunction unless the trial court made an error of law that contributed to the decision, there was no evidence on an element essential to relief, or the court manifestly abused its discretion.” (punctuation omitted)); Kinard, 278 Ga. at 149 (“The trial court has broad discretion under OCGA § 9–5–8 in deciding whether to grant a request for an interlocutory injunction.”). 28 SRB Inv. | 3 | 7 |
City of Waycross v. Pierce County Board of Commissionersgreen2 sentences2025Servs., 289 Ga. at 5 (3) (“We will not reverse the trial court’s decision to grant or deny an interlocutory injunction unless the trial court made an error of law that contributed to the decision, there was no evidence on an element essential to relief, or the court manifestly abused its discretion.” (punctuation omitted) (emphasis supplied)); Daneshgari, 361 Ga. App. at 543 (“[T]he decision of whether to grant equitable relief—such as an interlocutory injunction—is generally a matter within the sound discretion of the trial court, and the trial court’s decision should be sustained on appeal w 2021“The grant or denial of an interlocutory injunction will not be reversed on appeal unless the trial court made an error of law that contributed to the decision, there was no evidence on an element essential to relief, or the court manifestly abused its discretion.” City of Waycross v. Pierce County Bd. of Comms., 300 Ga. 109, 111 (1) ( 793 SE2d 389 ) (2016). | 3 | 4 |
Nemchik v. Riggsgreen2 sentences2022We will not reverse the decision to grant an interlocutory injunction “unless the trial court made an error of law that contributed to the decision, there was no evidence on an element essential to relief, or the court 3 Faircloth and Sexton’s motion to dismiss is denied. 9 manifestly abused its discretion.”(Citation and punctuation omitted.) Nemchik v. Riggs, 300 Ga. 363, 366 (2) ( 792 SE2d 347 ) (2016). 2022We will not reverse the decision to grant an interlocutory injunction “unless the trial court made an error of law that contributed to the decision, there was no evidence on an element essential to relief, or the court 3 Faircloth and Sexton’s motion to dismiss is denied. 9 manifestly abused its discretion.”(Citation and punctuation omitted.) Nemchik v. Riggs, 300 Ga. 363, 366 (2) ( 792 SE2d 347 ) (2016). | 3 | 3 |
Kinard v. Ryman Farm Homeowners' Ass'ngreen2 sentences2025While these claims remain pending below, they do not appear to be relevant to the interlocutory-injunction motion at issue on appeal. 13 It is well established that the reason for granting interlocutory injunctions is to “preserve the status quo, as well as to balance the conveniences of the parties, pending a final adjudication of the case.”26 Furthermore, the decision of whether to “grant equitable relief—such as an interlocutory injunction—is generally a matter within the sound discretion of the trial court, and the trial court’s decision should be sustained on appeal when there has been no 2025While these claims remain pending below, they do not appear to be relevant to the interlocutory-injunction motion at issue on appeal. 13 It is well established that the reason for granting interlocutory injunctions is to “preserve the status quo, as well as to balance the conveniences of the parties, pending a final adjudication of the case.”26 Furthermore, the decision of whether to “grant equitable relief—such as an interlocutory injunction—is generally a matter within the sound discretion of the trial court, and the trial court’s decision should be sustained on appeal when there has been no | 2 | 2 |
Waldrip v. Stategreen2 sentences2017See Waldrip v. State, 267 Ga. 739, 743 (6) ( 482 SE2d 299 ) (1997) (trial court did not err in allowing the State to repeatedly refer to the pending charges against a defendant at the competency proceeding; the nature of the charges was relevant to the competency determination and the court properly charged the jury on its role), abrogated on other grounds as recognized by Archie v. State, 248 Ga. App. 56, 57 (1) n.3 ( 545 SE2d 179 ) (2001). 3. 2017See Waldrip v. State, 267 Ga. 739, 743 (6) ( 482 SE2d 299 ) (1997) (trial court did not err in allowing the State to repeatedly refer to the pending charges against a defendant at the competency proceeding; the nature of the charges was relevant to the competency determination and the court properly charged the jury on its role), abrogated on other grounds as recognized by Archie v. State, 248 Ga. App. 56, 57 (1) n.3 ( 545 SE2d 179 ) (2001). 3. | 2 | 2 |
Archie v. Stategreen2 sentences2017See Waldrip v. State, 267 Ga. 739, 743 (6) ( 482 SE2d 299 ) (1997) (trial court did not err in allowing the State to repeatedly refer to the pending charges against a defendant at the competency proceeding; the nature of the charges was relevant to the competency determination and the court properly charged the jury on its role), abrogated on other grounds as recognized by Archie v. State, 248 Ga. App. 56, 57 (1) n.3 ( 545 SE2d 179 ) (2001). 3. 2017See Waldrip v. State, 267 Ga. 739, 743 (6) ( 482 SE2d 299 ) (1997) (trial court did not err in allowing the State to repeatedly refer to the pending charges against a defendant at the competency proceeding; the nature of the charges was relevant to the competency determination and the court properly charged the jury on its role), abrogated on other grounds as recognized by Archie v. State, 248 Ga. App. 56, 57 (1) n.3 ( 545 SE2d 179 ) (2001). 3. | 2 | 2 |
Chambers v. Peach County, Ga.green2 sentences2016See Chambers [v. Peach County], 268 Ga. [672, 673 ( 492 SE2d 191 ) (1997)]; Christopher J. 2011See Chambers, 268 Ga. at 673 ; Christopher J. | 2 | 2 |
Jackson v. Stategreen2 sentences1989Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980). 1989Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980). | 2 | 2 |
TMX Finance Holdings, Inc. v. Drummond Financial Services, LLCgreen2 sentences2018Thus, "[w]e will not reverse the decision to grant an interlocutory injunction unless the trial court made an error of law that contributed to the decision, there was no evidence on an element essential to relief, or the court manifestly abused its discretion." TMX Finance Holdings, Inc. v. Drummond Financial Svcs. , 300 Ga. 835 , 837, 797 S.E.2d 842 (2017) (citation and punctuation omitted). 1. 2018Thus, "[w]e will not reverse the decision to grant an interlocutory injunction unless the trial court made an error of law that contributed to the decision, there was no evidence on an element essential to relief, or the court manifestly abused its discretion." TMX Finance Holdings, Inc. v. Drummond Financial Svcs. , 300 Ga. 835 , 837, 797 S.E.2d 842 (2017) (citation and punctuation omitted). 1. | 1 | 2 |
Hunt v. Stategreen1 sentence2020Compare Hunt, supra, 268 Ga. App. at 571 (1) (recognizing that if the defendant had objected, the trial court would have had an opportunity either to allow the defendant’s immediate family and any press members to remain in the courtroom or to engage in the four-part Waller inquiry); Chamberlain v. State, 347 Ga. App. 775, 779-780 (2) ( 819 SE2d 303 ) (2018) (after the defense objected to the clearing of the courtroom, the trial court invoked OCGA § 17-8-54, indicated that all persons who did not fall under the statute had to leave during the victim’s testimony, and determined that the defenda | 1 | 1 |
SHIVA MANAGEMENT, LLC v. Walkergreen2 sentences2019Further, “where there is no conflict in the evidence, the judge’s discretion in granting or denying the interlocutory injunction becomes circumscribed by the applicable rules of law.” (Citation and punctuation omitted.) Shiva Management, LLC v. Walker, 283 Ga. 338, 340 ( 658 SE2d 762 ) (2008). 2019Further, “where there is no conflict in the evidence, the judge’s discretion in granting or denying the interlocutory injunction becomes circumscribed by the applicable rules of law.” (Citation and punctuation omitted.) Shiva Management, LLC v. Walker, 283 Ga. 338, 340 ( 658 SE2d 762 ) (2008). | 1 | 1 |
Milinavicius v. Stategreen2 sentences2013Ellington, P. J., and Branch, J., concur. 13 See generally Milinavicius v. State, 290 Ga. 374, 377 (4) ( 721 SE2d 843 ) (2012) (appellant’s allegation that trial court gave erroneous jury charge on justified use of force was without merit where the charge as a whole was not an incorrect statement of the law and fairly represented the issue of justification); Arsenault v. State, 257 Ga. App. 456, 457 (2) ( 571 SE2d 456 ) (2002) (where defendant raised an affirmative defense of justification and testified to the same, the state bore the burden of disproving the defense beyond a reasonable doubt) 2013Ellington, P. J., and Branch, J., concur. 13 See generally Milinavicius v. State, 290 Ga. 374, 377 (4) ( 721 SE2d 843 ) (2012) (appellant’s allegation that trial court gave erroneous jury charge on justified use of force was without merit where the charge as a whole was not an incorrect statement of the law and fairly represented the issue of justification); Arsenault v. State, 257 Ga. App. 456, 457 (2) ( 571 SE2d 456 ) (2002) (where defendant raised an affirmative defense of justification and testified to the same, the state bore the burden of disproving the defense beyond a reasonable doubt) | 1 | 1 |
Hoffler v. Stategreen2 sentences2013Once an affirmative defense is raised, the burden is on the State to disprove it beyond 11 See OCGA § 16-3-21 (a). 12 Terry, supra at 510 (2) (a); see generally Hoffler, supra. 8 a reasonable doubt.” The court then explained justification, and further instructed the jury: “The State has the burden of proving beyond a reasonable doubt that the defendant was not justified.” These were correct statements of the law.13 The court made no error in its jury charge, and Ferguson’s claim cannot make it past the first prong of the plain error review.14 Judgment affirmed. 2013Ellington, P. J., and Branch, J., concur. 13 See generally Milinavicius v. State, 290 Ga. 374, 377 (4) ( 721 SE2d 843 ) (2012) (appellant’s allegation that trial court gave erroneous jury charge on justified use of force was without merit where the charge as a whole was not an incorrect statement of the law and fairly represented the issue of justification); Arsenault v. State, 257 Ga. App. 456, 457 (2) ( 571 SE2d 456 ) (2002) (where defendant raised an affirmative defense of justification and testified to the same, the state bore the burden of disproving the defense beyond a reasonable doubt) | 1 | 1 |
Terry v. Stategreen1 sentence2013Once an affirmative defense is raised, the burden is on the State to disprove it beyond 11 See OCGA § 16-3-21 (a). 12 Terry, supra at 510 (2) (a); see generally Hoffler, supra. 8 a reasonable doubt.” The court then explained justification, and further instructed the jury: “The State has the burden of proving beyond a reasonable doubt that the defendant was not justified.” These were correct statements of the law.13 The court made no error in its jury charge, and Ferguson’s claim cannot make it past the first prong of the plain error review.14 Judgment affirmed. | 1 | 1 |
Paramount Tax & Accounting, LLC v. H & R Block Eastern Enterprises, Inc.green2 sentences2013The trial court’s decision will not be reversed on appeal “unless the trial court made an error of law that contributed to the decision, there was no evidence on an element essential to relief, or the court manifestly abused its discretion.” Id. (citation and punctuation omitted); see also Paramount Tax & Accounting, LLC v. H & R Block Eastern Enterprises, Inc., 299 Ga. App. 596, 597 ( 683 SE2d 141 ) (2009) (abuse of discretion may be found “where the trial court misinterpreted or misapplied the relevant law”). (1) there is a substantial threat that the moving party will suffer irreparable inj 2013The trial court’s decision will not be reversed on appeal “unless the trial court made an error of law that contributed to the decision, there was no evidence on an element essential to relief, or the court manifestly abused its discretion.” Id. (citation and punctuation omitted); see also Paramount Tax & Accounting, LLC v. H & R Block Eastern Enterprises, Inc., 299 Ga. App. 596, 597 ( 683 SE2d 141 ) (2009) (abuse of discretion may be found “where the trial court misinterpreted or misapplied the relevant law”). (1) there is a substantial threat that the moving party will suffer irreparable inj | 1 | 1 |
Arsenault v. Stategreen2 sentences2013Ellington, P. J., and Branch, J., concur. 13 See generally Milinavicius v. State, 290 Ga. 374, 377 (4) ( 721 SE2d 843 ) (2012) (appellant’s allegation that trial court gave erroneous jury charge on justified use of force was without merit where the charge as a whole was not an incorrect statement of the law and fairly represented the issue of justification); Arsenault v. State, 257 Ga. App. 456, 457 (2) ( 571 SE2d 456 ) (2002) (where defendant raised an affirmative defense of justification and testified to the same, the state bore the burden of disproving the defense beyond a reasonable doubt) 2013Ellington, P. J., and Branch, J., concur. 13 See generally Milinavicius v. State, 290 Ga. 374, 377 (4) ( 721 SE2d 843 ) (2012) (appellant’s allegation that trial court gave erroneous jury charge on justified use of force was without merit where the charge as a whole was not an incorrect statement of the law and fairly represented the issue of justification); Arsenault v. State, 257 Ga. App. 456, 457 (2) ( 571 SE2d 456 ) (2002) (where defendant raised an affirmative defense of justification and testified to the same, the state bore the burden of disproving the defense beyond a reasonable doubt) | 1 | 1 |
Allen v. Hub Cap Heaven, Inc.green2 sentences2011See, e.g., Allen v. Hub Cap Heaven, Inc., 225 Ga. App. 533, 540 ( 484 SE2d 259 ) (1997) (“[I]t is error to grant an injunction when the party seeking it has an adequate remedy at law.”). 2011See, e.g., Allen v. Hub Cap Heaven, Inc., 225 Ga. App. 533, 540 ( 484 SE2d 259 ) (1997) (“[I]t is error to grant an injunction when the party seeking it has an adequate remedy at law.”). | 1 | 1 |
Castillo v. Stategreen2 sentences2011See also OCGA § 24-9-7 (b); Castillo v. State, 178 Ga. App. 312, 313 (4) ( 342 SE2d 782 ) (1986); Keasler v. State, 165 Ga. App. 561 (1) ( 301 SE2d 915 ) (1983). 2011See also OCGA § 24-9-7 (b); Castillo v. State, 178 Ga. App. 312, 313 (4) ( 342 SE2d 782 ) (1986); Keasler v. State, 165 Ga. App. 561 (1) ( 301 SE2d 915 ) (1983). | 1 | 1 |
Kelly v. Stategreen2 sentences2011Although the trial court made the standard inquiry to determine the child’s competence as a witness, Appellant “neither requested this inquiry nor objected to the trial court’s determination, and thus waived any objection concerning [the child’s] competency. [Cits.]” Kelly v. State, 181 Ga. App. 605, 606 (1) ( 353 SE2d 92 ) (1987). 2011Although the trial court made the standard inquiry to determine the child’s competence as a witness, Appellant “neither requested this inquiry nor objected to the trial court’s determination, and thus waived any objection concerning [the child’s] competency. [Cits.]” Kelly v. State, 181 Ga. App. 605, 606 (1) ( 353 SE2d 92 ) (1987). | 1 | 1 |
Scott v. Stategreen2 sentences2003Scott *656 v. State, 213 Ga. App. 84, 87 (2) ( 444 SE2d 96 ) (1994); Jackson v. State, 205 Ga. App. 827, 828 (2) ( 424 SE2d 6 ) (1992). 2003Scott *656 v. State, 213 Ga. App. 84, 87 (2) ( 444 SE2d 96 ) (1994); Jackson v. State, 205 Ga. App. 827, 828 (2) ( 424 SE2d 6 ) (1992). | 1 | 1 |
Jackson v. Stategreen2 sentences2003Scott *656 v. State, 213 Ga. App. 84, 87 (2) ( 444 SE2d 96 ) (1994); Jackson v. State, 205 Ga. App. 827, 828 (2) ( 424 SE2d 6 ) (1992). 2003Scott *656 v. State, 213 Ga. App. 84, 87 (2) ( 444 SE2d 96 ) (1994); Jackson v. State, 205 Ga. App. 827, 828 (2) ( 424 SE2d 6 ) (1992). | 1 | 1 |
| Maynard v. Stategreen | 1 | 1 |
| Romano v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kitchens v. State
green
1 sentence2025After applying the plain-error test here, see id., we first conclude that Crawford failed to meet the second part of that test to show clear and obvious error because a portion of Whitehead’s testimony was based on his own perceptions of Crawford’s drinking and, thus, was admissible under OCGA § 24-7-701(a).9 “A lay witness may relate his or her opinion as to the existence of any fact so long as the opinion is based upon the person’s own experiences and observations, and so long as the matter referred to is within the ————————————————————— 9 This statute provides that, [i]f the witness is not | 1 | 2025–2025 |
Hill v. State
green
1 sentence2025To show plain error, Dees must show that the trial court made an error that (1) was not affirmatively waived, (2) was “clear and obvious,” which generally means there must be “on-point con- trolling authority” or “the unequivocally clear words of a statute or rule” that “plainly establish that the trial court erred,” (3) likely af- fected the outcome of the trial, and (4) “seriously affected the fair- ness, integrity, or public reputation of judicial proceedings.” See Hill v. State, 321 Ga. 177 , 181–82 (2025) (quotation marks omitted). | 1 | 2025–2025 |
John Chamberlain v. State
green
1 sentence2020Compare Hunt, supra, 268 Ga. App. at 571 (1) (recognizing that if the defendant had objected, the trial court would have had an opportunity either to allow the defendant’s immediate family and any press members to remain in the courtroom or to engage in the four-part Waller inquiry); Chamberlain v. State, 347 Ga. App. 775, 779-780 (2) ( 819 SE2d 303 ) (2018) (after the defense objected to the clearing of the courtroom, the trial court invoked OCGA § 17-8-54, indicated that all persons who did not fall under the statute had to leave during the victim’s testimony, and determined that the defenda | 1 | 2020–2020 |
Nissan North America, Inc. v. Walker-Jones Nissan, LLC
neutral
1 sentence2019This power shall be prudently and cautiously exercised and, except in clear and urgent cases, should not be resorted to.” “[W]e will not reverse the decision to grant an interlocutory injunction unless the trial court made an error of law that contributed to the decision, there was no evidence on an element essential to relief, or the court manifestly abused its discretion.” (Citation and punctuation omitted.) Nissan North America, Inc. v. Walker-Jones Nissan, LLC, 345 Ga. App. 447 , 450 ( 812 SE2d 130 ) (2018). | 1 | 2019–2019 |
McMillan v. General Motors Corp.
green
2 sentences2013See id.; McMillan v. GMC, 122 Ga. App. 855 ( 179 SE2d 99 ) (1970) (burden is on moving party to show necessity and justification). 2013See id.; McMillan v. GMC, 122 Ga. App. 855 ( 179 SE2d 99 ) (1970) (burden is on moving party to show necessity and justification). | 1 | 2013–2013 |
Bishop v. Patton
green
1 sentence2011We will not reverse the trial court’s decision to grant or deny an interlocutory injunction “unless the trial court made an error of law that contributed to the decision, there was no evidence on an element essential to relief, or the court manifestly abused its discretion.” Id. (a) The appellants’ primary argument for reversal is that BB&T has an adequate remedy at law because it can sue for money damages or foreclose on the property securing the original loans. | 1 | 2011–2011 |
Keasler v. State
green
2 sentences2011See also OCGA § 24-9-7 (b); Castillo v. State, 178 Ga. App. 312, 313 (4) ( 342 SE2d 782 ) (1986); Keasler v. State, 165 Ga. App. 561 (1) ( 301 SE2d 915 ) (1983). 2011See also OCGA § 24-9-7 (b); Castillo v. State, 178 Ga. App. 312, 313 (4) ( 342 SE2d 782 ) (1986); Keasler v. State, 165 Ga. App. 561 (1) ( 301 SE2d 915 ) (1983). | 1 | 2011–2011 |
Granite State Outdoor Advertising, Inc. v. City of Clearwater
green
2 sentences2008Since the denial of Granite State’s sign applications for failure to meet the City’s height and size restrictions was correct because the restrictions were constitutional (see Clearwater, 351 F3d at 1117 ) and because Granite State lacked standing to challenge any other provision of the ordinance, the trial court should not have addressed Granite State’s constitutional arguments concerning other provisions of the April 2003 ordinance. 7 Furthermore, because of Granite State’s lack of standing, we do not address Granite State’s enumerations of error attacking the entire ordinance on constitutio 2008Since the denial of Granite State's sign applications for failure to meet the City's height and size restrictions was correct because the restrictions were constitutional (See Clearwater, 351 F.3d at 1117 ) and because Granite State lacked standing to challenge any other provision of the statute, the trial court should not have addressed Granite State's constitutional arguments concerning other provisions of the April 2003 ordinance. [7] Furthermore, because of Granite State's lack of standing, we do not address Granite State's enumerations of error attacking the entire statute on constitution | 1 | 2008–2008 |
Parks v. McClung
green
2 sentences2000Although the entry of a guilty plea is a process, and the trial court may advise a defendant of his right to counsel at any time during the process until the plea is accepted by the court, id., the record in this case shows that before the trial court accepted the plea the court made no inquiry into Clowers’ understanding of the significance of the constitutional rights he was waiving, especially the consequence of a plea without the presence of counsel. 2000Although the entry of a guilty plea is a process, and the trial court may advise a defendant of his right to counsel at any time during the process until the plea is accepted by the court, id., the record in this case shows that before the trial court accepted the plea the court made no inquiry into Clowers' understanding of the significance of the constitutional rights he was waiving, especially the consequence of a plea without the presence of counsel. | 1 | 2000–2000 |
| Chance v. State green | 1 | 1981–1981 |
| Hall v. State green | 1 | 1938–1938 |
| Stevens v. Flowers Lumber Co. green | 1 | 1938–1938 |
| Head v. State neutral | 1 | 1938–1938 |
| Coleman v. Harrison green | 1 | 1938–1938 |
| Johnson v. State green | 1 | 1938–1938 |
| Sires v. Sires neutral | 1 | 1918–1918 |
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.
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.