section 9-11-9(b) requisite particularity (Georgia) · Go Syfert
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section 9-11-9(b) requisite particularity in Georgia

10 Georgia opinions name it 2 courts 1993–2024 2 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 (10)

CaseFollowedCited
Skelton v. Skeltongreen
ga · 1983 · cited in 2 Georgia opinions naming this issue, 1993–2007
2 sentences

2007See Skelton v. Skelton, 251 Ga. 631 (1) ( 308 SE2d 838 ) (1983).

2007See Skelton v. Skelton, 251 Ga. 631 (1) ( 308 SE2d 838 ) (1983).

22
Dockens v. Runkle Consulting, Inc.green
gactapp · 2007 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024For example, Georgia courts have said that the requirement of OCGA § 9-11-9 (b) that fraud be pled with “particularity” means that “a general allegation of fraud amounts to nothing” and that “it is necessary that the complainant show, by specifications, wherein the fraud consists.” Fairfax v. Wells 30 Fargo Bank, N.A., 312 Ga. App. 171, 172 (718 SE2d 16) (2011) (cleaned up) (holding that the plaintiff failed to satisfy the particularity requirement of OCGA § 9-11-9 (b) by failing to make “specific factual allegations” to support her fraud claim); Dockens v. Runkle Consulting, Inc., 285 Ga. App

2024For example, Georgia courts have said that the requirement of OCGA § 9-11-9 (b) that fraud be pled with “particularity” means that “a general allegation of fraud amounts to nothing” and that “it is necessary that the complainant show, by specifications, wherein the fraud consists.” Fairfax v. Wells 30 Fargo Bank, N.A., 312 Ga. App. 171, 172 (718 SE2d 16) (2011) (cleaned up) (holding that the plaintiff failed to satisfy the particularity requirement of OCGA § 9-11-9 (b) by failing to make “specific factual allegations” to support her fraud claim); Dockens v. Runkle Consulting, Inc., 285 Ga. App

11
Fairfax v. Wells Fargo Bank, N.A.green
gactapp · 2011 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024For example, Georgia courts have said that the requirement of OCGA § 9-11-9 (b) that fraud be pled with “particularity” means that “a general allegation of fraud amounts to nothing” and that “it is necessary that the complainant show, by specifications, wherein the fraud consists.” Fairfax v. Wells 30 Fargo Bank, N.A., 312 Ga. App. 171, 172 (718 SE2d 16) (2011) (cleaned up) (holding that the plaintiff failed to satisfy the particularity requirement of OCGA § 9-11-9 (b) by failing to make “specific factual allegations” to support her fraud claim); Dockens v. Runkle Consulting, Inc., 285 Ga. App

2024For example, Georgia courts have said that the requirement of OCGA § 9-11-9 (b) that fraud be pled with “particularity” means that “a general allegation of fraud amounts to nothing” and that “it is necessary that the complainant show, by specifications, wherein the fraud consists.” Fairfax v. Wells 30 Fargo Bank, N.A., 312 Ga. App. 171, 172 (718 SE2d 16) (2011) (cleaned up) (holding that the plaintiff failed to satisfy the particularity requirement of OCGA § 9-11-9 (b) by failing to make “specific factual allegations” to support her fraud claim); Dockens v. Runkle Consulting, Inc., 285 Ga. App

11
ROBERTS v. JP MORGAN CHASE BANK, NATIONAL ASSOCIATION Et Al.green
gactapp · 2017 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022Assn., 342 Ga. App. 73, 79 (3) ( 802 SE2d 880 ) (2017); see also Z-Space, Inc., 349 Ga. App. at 255 (2) (c) (“Although fraud must be pled with particularity under OCGA § 9-11-9 (b), a complaint alleging fraud should not be dismissed for failure to state a claim unless it appears beyond a doubt that the pleader can prove no set of facts in support of his claim which would entitle him to relief.

2022Assn., 342 Ga. App. 73, 79 (3) ( 802 SE2d 880 ) (2017); see also Z-Space, Inc., 349 Ga. App. at 255 (2) (c) (“Although fraud must be pled with particularity under OCGA § 9-11-9 (b), a complaint alleging fraud should not be dismissed for failure to state a claim unless it appears beyond a doubt that the pleader can prove no set of facts in support of his claim which would entitle him to relief.

11
Guillebeau v. Jenkinsgreen
gactapp · 1987 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019Systems , 294 Ga. App. 340 , 343 (1), 669 S.E.2d 168 (2008). 11 See OCGA § 51-12-30 ; Guillebeau v. Jenkins , 182 Ga. App. 225 , 231 (2), 355 S.E.2d 453 (1987) ("In the absence of evidence pointing to [a defendant attorney's] knowing participation in a fraud, there can be no basis for a finding of fraud on his part."); see also Insight Technology , 280 Ga. App. at 28 (5), 633 S.E.2d 373 (elements of fraud). 12 Although the Appellant argued in his motion to dismiss that the Appellees had failed to plead the underlying fraud with the requisite particularity under OCGA § 9-11-9 (b), the Appellant

2019Systems , 294 Ga. App. 340 , 343 (1), 669 S.E.2d 168 (2008). 11 See OCGA § 51-12-30 ; Guillebeau v. Jenkins , 182 Ga. App. 225 , 231 (2), 355 S.E.2d 453 (1987) ("In the absence of evidence pointing to [a defendant attorney's] knowing participation in a fraud, there can be no basis for a finding of fraud on his part."); see also Insight Technology , 280 Ga. App. at 28 (5), 633 S.E.2d 373 (elements of fraud). 12 Although the Appellant argued in his motion to dismiss that the Appellees had failed to plead the underlying fraud with the requisite particularity under OCGA § 9-11-9 (b), the Appellant

11
Insight Technology, Inc. v. FREIGHTCHECK, LLCgreen
gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019Systems , 294 Ga. App. 340 , 343 (1), 669 S.E.2d 168 (2008). 11 See OCGA § 51-12-30 ; Guillebeau v. Jenkins , 182 Ga. App. 225 , 231 (2), 355 S.E.2d 453 (1987) ("In the absence of evidence pointing to [a defendant attorney's] knowing participation in a fraud, there can be no basis for a finding of fraud on his part."); see also Insight Technology , 280 Ga. App. at 28 (5), 633 S.E.2d 373 (elements of fraud). 12 Although the Appellant argued in his motion to dismiss that the Appellees had failed to plead the underlying fraud with the requisite particularity under OCGA § 9-11-9 (b), the Appellant

2019Systems , 294 Ga. App. 340 , 343 (1), 669 S.E.2d 168 (2008). 11 See OCGA § 51-12-30 ; Guillebeau v. Jenkins , 182 Ga. App. 225 , 231 (2), 355 S.E.2d 453 (1987) ("In the absence of evidence pointing to [a defendant attorney's] knowing participation in a fraud, there can be no basis for a finding of fraud on his part."); see also Insight Technology , 280 Ga. App. at 28 (5), 633 S.E.2d 373 (elements of fraud). 12 Although the Appellant argued in his motion to dismiss that the Appellees had failed to plead the underlying fraud with the requisite particularity under OCGA § 9-11-9 (b), the Appellant

11
Odom v. Hughesgreen
ga · 2013 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019(Citation and punctuation omitted.) Odom v. Hughes, 293 Ga. 447, 455 (3), n. 6 ( 748 SE2d 839 ) (2013).

2019(Citation and punctuation omitted.) Odom v. Hughes, 293 Ga. 447, 455 (3), n. 6 ( 748 SE2d 839 ) (2013).

11
Hedquist v. Merrill Lynch, Pierce, Fenner & Smith, Inc.green
gactapp · 2007 · cited in 1 Georgia opinions naming this issue, 2017–2017
2 sentences

2017“The tort of fraud requires a willful misrepresentation of a material fact, made to induce another to act, upon which such person acts [or avoids acting] to his injury” (Citation and punctuation omitted.) Weathers v. Dieniahmar Music, 337 Ga. App. 816, 824 (3) ( 788 SE2d 852 ) (2016). 5 “[F]raud must be pled with particularity under OCGA § 9-11-9 (b)[.]” Hedquist v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 284 Ga. App. 387, 394 (2) (b) ( 643 SE2d 864 ) (2007).

2017“The tort of fraud requires a willful misrepresentation of a material fact, made to induce another to act, upon which such person acts [or avoids acting] to his injury” (Citation and punctuation omitted.) Weathers v. Dieniahmar Music, 337 Ga. App. 816, 824 (3) ( 788 SE2d 852 ) (2016). 5 “[F]raud must be pled with particularity under OCGA § 9-11-9 (b)[.]” Hedquist v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 284 Ga. App. 387, 394 (2) (b) ( 643 SE2d 864 ) (2007).

11
Eddie Weathers v. Dieniahmar Music, LLCgreen
gactapp · 2016 · cited in 1 Georgia opinions naming this issue, 2017–2017
2 sentences

2017“The tort of fraud requires a willful misrepresentation of a material fact, made to induce another to act, upon which such person acts [or avoids acting] to his injury” (Citation and punctuation omitted.) Weathers v. Dieniahmar Music, 337 Ga. App. 816, 824 (3) ( 788 SE2d 852 ) (2016). 5 “[F]raud must be pled with particularity under OCGA § 9-11-9 (b)[.]” Hedquist v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 284 Ga. App. 387, 394 (2) (b) ( 643 SE2d 864 ) (2007).

2017“The tort of fraud requires a willful misrepresentation of a material fact, made to induce another to act, upon which such person acts [or avoids acting] to his injury” (Citation and punctuation omitted.) Weathers v. Dieniahmar Music, 337 Ga. App. 816, 824 (3) ( 788 SE2d 852 ) (2016). 5 “[F]raud must be pled with particularity under OCGA § 9-11-9 (b)[.]” Hedquist v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 284 Ga. App. 387, 394 (2) (b) ( 643 SE2d 864 ) (2007).

11
Srh, Inc. v. Ifc Credit Corporationgreen
gactapp · 2005 · cited in 1 Georgia opinions naming this issue, 2007–2007
2 sentences

2007Although fraud must be pled with particularity under OCGA § 9-11-9 (b), “a complaint alleging fraud should not be dismissed for failure to state a claim unless it appears beyond a doubt that the pleader can prove no set of facts in support of his claim which would entitle him to relief.” SRH, Inc. v. IFC Credit Corp., 275 Ga. App. 18, 19 ( 619 SE2d 744 ) (2005).

2007Although fraud must be pled with particularity under OCGA § 9-11-9 (b), “a complaint alleging fraud should not be dismissed for failure to state a claim unless it appears beyond a doubt that the pleader can prove no set of facts in support of his claim which would entitle him to relief.” SRH, Inc. v. IFC Credit Corp., 275 Ga. App. 18, 19 ( 619 SE2d 744 ) (2005).

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 (5)

CaseCitedYears
Cochran v. McCollum green
ga · 1974
2 sentences

2019But in Cochran v. McCollum , [ 233 Ga. 104 , 210 S.E.2d 13 (1974),] the Supreme Court of Georgia held with respect to an initial motion to dismiss ... that a claim of fraud should not be dismissed unless it appears beyond doubt that the pleader can prove no set of facts in support of the claim which would entitle him to relief, and that the remedy at that stage of the pleading is not a motion to dismiss but a motion for more definite statement under OCGA § 9-11-12 (e).

2019But in Cochran v. McCollum , [ 233 Ga. 104 , 210 S.E.2d 13 (1974),] the Supreme Court of Georgia held with respect to an initial motion to dismiss ... that a claim of fraud should not be dismissed unless it appears beyond doubt that the pleader can prove no set of facts in support of the claim which would entitle him to relief, and that the remedy at that stage of the pleading is not a motion to dismiss but a motion for more definite statement under OCGA § 9-11-12 (e).

22019–2019
ZP NO. 54 LTD. v. Fidelity and Deposit Co. green
fladistctapp · 2005
1 sentence

2019Partnership v. Fidelity & Deposit Co. of Md. , 917 So.2d 368 , 372 (A) (Fla. App. 2005) ("Virtually all courts that have acknowledged the existence of aiding and abetting a fraud state that the following are the elements that must be established by the plaintiff: 1.

12019–2019
White v. Shamrock Building Systems, Inc. green
gactapp · 2008
2 sentences

2019Systems , 294 Ga. App. 340 , 343 (1), 669 S.E.2d 168 (2008). 11 See OCGA § 51-12-30 ; Guillebeau v. Jenkins , 182 Ga. App. 225 , 231 (2), 355 S.E.2d 453 (1987) ("In the absence of evidence pointing to [a defendant attorney's] knowing participation in a fraud, there can be no basis for a finding of fraud on his part."); see also Insight Technology , 280 Ga. App. at 28 (5), 633 S.E.2d 373 (elements of fraud). 12 Although the Appellant argued in his motion to dismiss that the Appellees had failed to plead the underlying fraud with the requisite particularity under OCGA § 9-11-9 (b), the Appellant

2019Systems , 294 Ga. App. 340 , 343 (1), 669 S.E.2d 168 (2008). 11 See OCGA § 51-12-30 ; Guillebeau v. Jenkins , 182 Ga. App. 225 , 231 (2), 355 S.E.2d 453 (1987) ("In the absence of evidence pointing to [a defendant attorney's] knowing participation in a fraud, there can be no basis for a finding of fraud on his part."); see also Insight Technology , 280 Ga. App. at 28 (5), 633 S.E.2d 373 (elements of fraud). 12 Although the Appellant argued in his motion to dismiss that the Appellees had failed to plead the underlying fraud with the requisite particularity under OCGA § 9-11-9 (b), the Appellant

12019–2019
Roberts v. Nessim green
gactapp · 2009
2 sentences

2019Roberts v. Nessim, 297 Ga. App 278, 284-285 (2) ( 676 SE2d 734 ) (2009).

2019Roberts v. Nessim, 297 Ga. App 278, 284-285 (2) (676 SE2d 734) (2009).

12019–2019
Cameron v. Lang green
ga · 2001
2 sentences

2013The trial court found that Murphy was entitled to official immunity from suit as a court-appointed receiver, citing Cameron v. Lang, 274 Ga. 122 ( 549 SE2d 341 ) (2001), and dismissed the complaint.

2013The trial court found that Murphy was entitled to official immunity from suit as a court-appointed receiver, citing Cameron v. Lang, 274 Ga. 122 ( 549 SE2d 341 ) (2001), and dismissed the complaint.

12013–2013

Statutes the citing opinions construe

GA § 9-11-9 (10) GA § 9-11-12 (9)

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.

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