laches doctrine (Georgia) · Go Syfert
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laches doctrine in Georgia

36 Georgia opinions name it 2 courts 1934–2025 4 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 (33)

CaseFollowedCited
Department of Human Resources v. Mitchellgreen
gactapp · 1998 · cited in 2 Georgia opinions naming this issue, 2020–2020
2 sentences

2020See Mitchell, 232 Ga. App. at 217 (1) (defendant father could not assert laches in defense of action for paternity, reimbursement of past assistance for child, and future child support). 2.

2020See Mitchell, 232 Ga. App. at 217 (1) (defendant father could not assert laches in defense 7 of action for paternity, reimbursement of past assistance for child, and future child support). (b) Authority to award back child support.

22
Hall v. Trubeygreen
ga · 1998 · cited in 2 Georgia opinions naming this issue, 2001–2018
2 sentences

2018The same failure of proof precludes a finding of waiver, which "is essentially a matter of intent based upon full knowledge of all the material facts, and the evidence relied upon to prove a waiver must be so clearly indicative of an intent to relinquish a then known particular right or benefit as to exclude any other reasonable explanation." Wyndham Lakes Homeowners Assn., Inc. v. Gray , 303 Ga. App. 45 , 48 (2), 692 S.E.2d 704 (2010) (punctuation omitted). 19 See Hall , 269 Ga. at 197-200 (1), 498 S.E.2d 258 (1998) (reversing trial court's denial of plaintiff's claim for injunctive relief ba

2018The same failure of proof precludes a finding of waiver, which "is essentially a matter of intent based upon full knowledge of all the material facts, and the evidence relied upon to prove a waiver must be so clearly indicative of an intent to relinquish a then known particular right or benefit as to exclude any other reasonable explanation." Wyndham Lakes Homeowners Assn., Inc. v. Gray , 303 Ga. App. 45 , 48 (2), 692 S.E.2d 704 (2010) (punctuation omitted). 19 See Hall , 269 Ga. at 197-200 (1), 498 S.E.2d 258 (1998) (reversing trial court's denial of plaintiff's claim for injunctive relief ba

22
Heard v. Hartgreen
gactapp · 1999 · cited in 2 Georgia opinions naming this issue, 2014–2014
2 sentences

2014See Heard, 241 Ga. App. at 443 . 4.

2014See Heard, 241 Ga. App. at 443 . 4.

22
Wallace v. Mizegreen
· 1922 · cited in 2 Georgia opinions naming this issue, 1941–1941
2 sentences

1941See, in this connection, Wallace v. Mize, 153 Ga. 374, 383 ( 112 S. E. 724 ); Stonecypher v. Coleman, 161 Ga. 403 (2), 411 ( 131 S. E. 75 ); Whittle v. Nottingham, 164 Ga. 155, 161 ( 138 S. E. 62 ); Eller v. McMillan, 174 Ga. 729 (2, 3), 733 ( 163 S. E. 910 ); Harris v. Neuman, 179 Ga. 879 (2), 883 ( 177 S. E. 698 ). (a) However, the defendant insists that even though a period of limitations may have been fixed by statute, this time should be reduced by the equitable doctrine of laches (Code, §§ 3-712, 3-713, 37-119), and that the present suit is so debarred.

1941See, in this connection, Wallace v. Mize, 153 Ga. 374, 383 ( 112 S. E. 724 ); Stonecypher v. Coleman, 161 Ga. 403 (2), 411 ( 131 S. E. 75 ); Whittle v. Nottingham, 164 Ga. 155, 161 ( 138 S. E. 62 ); Eller v. McMillan, 174 Ga. 729 (2, 3), 733 ( 163 S. E. 910 ); Harris v. Neuman, 179 Ga. 879 (2), 883 ( 177 S. E. 698 ). (a) However, the defendant insists that even though a period of limitations may have been fixed by statute, this time should be reduced by the equitable doctrine of laches (Code, §§ 3-712, 3-713, 37-119), and that the present suit is so debarred.

22
McGhee v. Johnsongreen
ga · 1997 · cited in 2 Georgia opinions naming this issue, 1999–2009
2 sentences

2009See McGhee v. Johnson, 268 Ga. 731, 732 ( 492 SE2d 893 ) (1997), overruled on other grounds, Redfearn v. Huntcliff Homes Assn., 271 Ga. 745, 749, n. 20 ( 524 SE2d 464 ) (1999).

2009See McGhee v. Johnson, 268 Ga. 731, 732 ( 492 SE2d 893 ) (1997), overruled on other grounds, Redfearn v. Huntcliff Homes Assn., 271 Ga. 745, 749, n. 20 ( 524 SE2d 464 ) (1999).

12
Whittle v. Nottinghamgreen
ga · 1927 · cited in 2 Georgia opinions naming this issue, 1941–1941
2 sentences

1941See, in this connection, Wallace v. Mize, 153 Ga. 374, 383 ( 112 S. E. 724 ); Stonecypher v. Coleman, 161 Ga. 403 (2), 411 ( 131 S. E. 75 ); Whittle v. Nottingham, 164 Ga. 155, 161 ( 138 S. E. 62 ); Eller v. McMillan, 174 Ga. 729 (2, 3), 733 ( 163 S. E. 910 ); Harris v. Neuman, 179 Ga. 879 (2), 883 ( 177 S. E. 698 ). (a) However, the defendant insists that even though a period of limitations may have been fixed by statute, this time should be reduced by the equitable doctrine of laches (Code, §§ 3-712, 3-713, 37-119), and that the present suit is so debarred.

1941See, in this connection, Wallace v. Mize, 153 Ga. 374, 383 ( 112 S. E. 724 ); Stonecypher v. Coleman, 161 Ga. 403 (2), 411 ( 131 S. E. 75 ); Whittle v. Nottingham, 164 Ga. 155, 161 ( 138 S. E. 62 ); Eller v. McMillan, 174 Ga. 729 (2, 3), 733 ( 163 S. E. 910 ); Harris v. Neuman, 179 Ga. 879 (2), 883 ( 177 S. E. 698 ). (a) However, the defendant insists that even though a period of limitations may have been fixed by statute, this time should be reduced by the equitable doctrine of laches (Code, §§ 3-712, 3-713, 37-119), and that the present suit is so debarred.

12
Davis v. Davisgreen
gactapp · 2011 · cited in 1 Georgia opinions naming this issue, 2025–2025
2 sentences

2025See Davis v. Davis, 310 Ga. App. 512, 516 ( 713 SE2d 694 ) (2011) (question of laches addressed to the sound discretion of the trial court, which considers, among other things, the length of the delay, the sufficiency of the excuse, and whether the defendant has shown prejudice).

2025See Davis v. Davis, 310 Ga. App. 512, 516 ( 713 SE2d 694 ) (2011) (question of laches addressed to the sound discretion of the trial court, which considers, among other things, the length of the delay, the sufficiency of the excuse, and whether the defendant has shown prejudice).

11
Parker v. Fishergreen
ga · 1950 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See Parker v. Fisher, 207 Ga. 3, 6 ( 59 SE2d 715 ) (1950) (“Equity will relieve against mutual mistake, but only at the instance of a complainant who moves with reasonable diligence.

2023See Parker v. Fisher, 207 Ga. 3, 6 ( 59 SE2d 715 ) (1950) (“Equity will relieve against mutual mistake, but only at the instance of a complainant who moves with reasonable diligence.

11
Rhone v. Boldengreen
gactapp · 2004 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023The doctrine of laches is codified in two statutes: (i) OCGA § 9-3-3, which provides, in relevant part, that “courts of equity may interpose an equitable bar whenever, from the lapse of time and laches of the complainant, it would be inequitable to allow a party to enforce his legal rights”; and (ii) OCGA § 23-1-25, which provides: “Equity gives no relief to one whose long delay renders the ascertainment of the truth difficult, even when no legal limitation bars the right.” “Under the doctrine of laches, a party is barred from receiving equitable relief when he has unreasonably delayed in seek

2023The doctrine of laches is codified in two statutes: (i) OCGA § 9-3-3, which provides, in relevant part, that “courts of equity may interpose an equitable bar whenever, from the lapse of time and laches of the complainant, it would be inequitable to allow a party to enforce his legal rights”; and (ii) OCGA § 23-1-25, which provides: “Equity gives no relief to one whose long delay renders the ascertainment of the truth difficult, even when no legal limitation bars the right.” “Under the doctrine of laches, a party is barred from receiving equitable relief when he has unreasonably delayed in seek

11
King v. Bakergreen
gactapp · 1994 · cited in 1 Georgia opinions naming this issue, 2018–2018
2 sentences

2018The same failure of proof precludes a finding of waiver, which "is essentially a matter of intent based upon full knowledge of all the material facts, and the evidence relied upon to prove a waiver must be so clearly indicative of an intent to relinquish a then known particular right or benefit as to exclude any other reasonable explanation." Wyndham Lakes Homeowners Assn., Inc. v. Gray , 303 Ga. App. 45 , 48 (2), 692 S.E.2d 704 (2010) (punctuation omitted). 19 See Hall , 269 Ga. at 197-200 (1), 498 S.E.2d 258 (1998) (reversing trial court's denial of plaintiff's claim for injunctive relief ba

2018The same failure of proof precludes a finding of waiver, which "is essentially a matter of intent based upon full knowledge of all the material facts, and the evidence relied upon to prove a waiver must be so clearly indicative of an intent to relinquish a then known particular right or benefit as to exclude any other reasonable explanation." Wyndham Lakes Homeowners Assn., Inc. v. Gray , 303 Ga. App. 45 , 48 (2), 692 S.E.2d 704 (2010) (punctuation omitted). 19 See Hall , 269 Ga. at 197-200 (1), 498 S.E.2d 258 (1998) (reversing trial court's denial of plaintiff's claim for injunctive relief ba

11
Plyman v. Glynn Countygreen
ga · 2003 · cited in 1 Georgia opinions naming this issue, 2012–2012
2 sentences

2012See Plyman v. Glynn County, 276 Ga. 426, 427 ( 578 SE2d 124 ) (2003). 2.

2012See Plyman v. Glynn County, 276 Ga. 426, 427 ( 578 SE2d 124 ) (2003). 2.

11
McCreary v. Martingreen
ga · 2007 · cited in 1 Georgia opinions naming this issue, 2012–2012
2 sentences

2012On August 12, 2010, Appellants filed their petition for judicial review, which contained a request for a temporary restraining order, and a separate petition for a stay of the Governor’s order; the Governor and Attorney General were served the next day. 4 Although a case challenging the removal of elected officers has some of the same policy considerations which mandate that election contest cases be addressed with dispatch, see McCreary v. Martin, 281 Ga. 668, 669 ( 642 SE2d 80 ) (2007), the Appellants were required by OCGA § 45-10-4 to proceed under the Georgia Administrative Procedure Act,

2012On August 12, 2010, Appellants filed their petition for judicial review, which contained a request for a temporary restraining order, and a separate petition for a stay of the Governor’s order; the Governor and Attorney General were served the next day. 4 Although a case challenging the removal of elected officers has some of the same policy considerations which mandate that election contest cases be addressed with dispatch, see McCreary v. Martin, 281 Ga. 668, 669 ( 642 SE2d 80 ) (2007), the Appellants were required by OCGA § 45-10-4 to proceed under the Georgia Administrative Procedure Act,

11
Bishop v. Pattongreen
ga · 2011 · cited in 1 Georgia opinions naming this issue, 2011–2011
1 sentence

2011Accord Bishop v. Patton, 288 Ga. at 605 (“The first factor [that guides the trial court in deciding whether to grant an interlocutory injunction] — substantial threat of irreparable injury if an interlocutory injunction is not entered — is the most important one, given that the main purpose of an interlocutory injunction is to preserve the status quo temporarily to allow the parties and the court time to try the case in an orderly manner.”).

11
Georgia State Licensing Board for Residential & General Contractors v. Allengreen
ga · 2010 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011The trial court was entitled to accept that explanation and reject the laches defense. (c) Finally, the appellants contend that an interlocutory injunction was not available because “[t]he only appropriate purpose for granting an interlocutory injunction is to preserve the status quo of the parties pending a final adjudication of the case.” Ga. State Licensing Bd. for Residential & General Contractors v. Allen, 286 Ga. 811, 818 ( 692 SE2d 343 ) (2010).

2011The trial court was entitled to accept that explanation and reject the laches defense. (c) Finally, the appellants contend that an interlocutory injunction was not available because “[t]he only appropriate purpose for granting an interlocutory injunction is to preserve the status quo of the parties pending a final adjudication of the case.” Ga. State Licensing Bd. for Residential & General Contractors v. Allen, 286 Ga. 811, 818 ( 692 SE2d 343 ) (2010).

11
Latham v. Fowlergreen
ga · 1941 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009Hayes, supra, 251 Ga. at 581-582 ; Latham v. Fowler, 192 Ga. 686, 691-693 ( 16 SE2d 591 ) (1941); VATACS Group v. HomeSide Lending, 281 Ga. 50 ( 635 SE2d 758 ) (2006).

2009Hayes, supra, 251 Ga. at 581-582 ; Latham v. Fowler, 192 Ga. 686, 691-693 ( 16 SE2d 591 ) (1941); VATACS Group v. HomeSide Lending, 281 Ga. 50 ( 635 SE2d 758 ) (2006).

11
Redfearn v. Huntcliff Homes Ass'n, Inc.green
ga · 1999 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009See McGhee v. Johnson, 268 Ga. 731, 732 ( 492 SE2d 893 ) (1997), overruled on other grounds, Redfearn v. Huntcliff Homes Assn., 271 Ga. 745, 749, n. 20 ( 524 SE2d 464 ) (1999).

2009See McGhee v. Johnson, 268 Ga. 731, 732 ( 492 SE2d 893 ) (1997), overruled on other grounds, Redfearn v. Huntcliff Homes Assn., 271 Ga. 745, 749, n. 20 ( 524 SE2d 464 ) (1999).

11
Mountain Manor Co. v. Greenoegreen
ga · 1949 · cited in 1 Georgia opinions naming this issue, 1998–1998
2 sentences

1998Mountain Manor Co. v. Greenoe, 205 Ga. 619, 621 (1) ( 54 SE2d 629 ) (1949).

1998Mountain Manor Co. v. Greenoe, 205 Ga. 619, 621 (1) ( 54 SE2d 629 ) (1949).

11
Cooper v. Aycockgreen
ga · 1945 · cited in 1 Georgia opinions naming this issue, 1998–1998
2 sentences

1998Even though laches operates independently of any statute of limitation, “ ‘courts of equity usually act in obedience and in analogy to the statutes of [limitation], in cases where it would not be unjust and inequitable to do so.’ ” Cooper v. Aycock, 199 Ga. 658, 666 (1) ( 34 SE2d 895 ) (1945).

1998Even though laches operates independently of any statute of limitation, “ ‘courts of equity usually act in obedience and in analogy to the statutes of [limitation], in cases where it would not be unjust and inequitable to do so.’ ” Cooper v. Aycock, 199 Ga. 658, 666 (1) ( 34 SE2d 895 ) (1945).

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

1992(E)ven if the doctrine of laches could be invoked in a suit at law, it could not be invoked during the period during which a statute of limitation would be applicable.’ ” Virgil v. Kapplin, 187 Ga. App. 206, 208 (4) ( 369 SE2d 808 ).

1992(E)ven if the doctrine of laches could be invoked in a suit at law, it could not be invoked during the period during which a statute of limitation would be applicable.’ ” Virgil v. Kapplin, 187 Ga. App. 206, 208 (4) ( 369 SE2d 808 ).

11
Smith v. Helmsgreen
gactapp · 1976 · cited in 1 Georgia opinions naming this issue, 1984–1984
11
Torok v. Mizegreen
gactapp · 1982 · cited in 1 Georgia opinions naming this issue, 1984–1984
11
Smith v. Griggsgreen
gactapp · 1982 · cited in 1 Georgia opinions naming this issue, 1984–1984
11
Bird v. Trapnellgreen
ga · 1917 · cited in 1 Georgia opinions naming this issue, 1981–1981
11
Jacoby v. Jacobygreen
gactapp · 1979 · cited in 1 Georgia opinions naming this issue, 1980–1980
11
Spearman v. Jonesgreen
ga · 1970 · cited in 1 Georgia opinions naming this issue, 1978–1978
11
Allstate Insurance v. Austingreen
ga · 1970 · cited in 1 Georgia opinions naming this issue, 1978–1978
11
Irvin v. Callawaygreen
ga · 1906 · cited in 1 Georgia opinions naming this issue, 1965–1965
11
Sellers v. Coxgreen
ga · 1906 · cited in 1 Georgia opinions naming this issue, 1965–1965
11
Young v. Wilsongreen
ga · 1936 · cited in 1 Georgia opinions naming this issue, 1965–1965
11
Varellas v. Varellasgreen
ga · 1962 · cited in 1 Georgia opinions naming this issue, 1963–1963
11
Epps v. Eppsgreen
ga · 1953 · cited in 1 Georgia opinions naming this issue, 1963–1963
11
Equitable Building & Loan Ass'n v. Bradygreen
ga · 1930 · cited in 1 Georgia opinions naming this issue, 1943–1943
11
Daniels v. Tearneygreen
scotus · 1880 · cited in 1 Georgia opinions naming this issue, 1934–1934
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 (19)

CaseCitedYears
McDonand v. Sims green
ga · 1847
2 sentences

1941As to the application of the equitable doctrine to reduce such a statutory period, if the facts and circumstances show laches, it was held in McDonald v. Sims, 3 Ga. 383 , that “courts of equity usually act in obedience and in analogy to the statutes of limitations, in eases where it would not be unjust and inequitable to do so.” (Italics ours.) On a petition to cancel deeds as a cloud on title to land, where by analogy a seven-year period of limitation was applied, this court held: “The true owner of land out of possession must seasonably apply to a court of equity for the cancellation of a d

1941As to the application of the equitable doctrine to reduce such a statutory period, if the facts and circumstances show laches, it was held in McDonald v. Sims , 3 Ga. 383 , that "courts of equity usually act in obedience and in analogy to the statutes of limitations, in cases where it would not be unjust and inequitable to do so." (Italics ours.) On a petition to cancel deeds as a cloud on title to land, where by analogy a seven-year period of limitation was applied, this court held: "The true owner of land out of possession must seasonably apply to a court of equity for the cancellation of a

21941–1941
Keaton v. Greenwood green
ga · 1850
2 sentences

1941On the other hand, in cases of implied or constructive trusts, founded on fraud, “where the party claims title to the property in his own right, and is sought to be converted into a trustee by operation of law, the statute begins to run in his favor from the time of his possession, . . for the reason that his possession never was the possession of the alleged cestui, que trust.” Keaton v. Greenwood, 8 Ga. 97, 103 .

1941On the other hand, in cases of implied or constructive trusts, founded on fraud, "where the party claims title to the property in his own right, and is sought to be converted into a trustee by operation of law, the statute beings to run in his favor from the time of his possession, . . for the reason that his possession never was the possession of the alleged cestui que trust." Keaton v. Greenwood , 8 Ga. 97 , 103 .

21941–1941
Stonecypher v. Coleman green
ga · 1925
2 sentences

1941See, in this connection, Wallace v. Mize, 153 Ga. 374, 383 ( 112 S. E. 724 ); Stonecypher v. Coleman, 161 Ga. 403 (2), 411 ( 131 S. E. 75 ); Whittle v. Nottingham, 164 Ga. 155, 161 ( 138 S. E. 62 ); Eller v. McMillan, 174 Ga. 729 (2, 3), 733 ( 163 S. E. 910 ); Harris v. Neuman, 179 Ga. 879 (2), 883 ( 177 S. E. 698 ). (a) However, the defendant insists that even though a period of limitations may have been fixed by statute, this time should be reduced by the equitable doctrine of laches (Code, §§ 3-712, 3-713, 37-119), and that the present suit is so debarred.

1941See, in this connection, Wallace v. Mize, 153 Ga. 374, 383 ( 112 S. E. 724 ); Stonecypher v. Coleman, 161 Ga. 403 (2), 411 ( 131 S. E. 75 ); Whittle v. Nottingham, 164 Ga. 155, 161 ( 138 S. E. 62 ); Eller v. McMillan, 174 Ga. 729 (2, 3), 733 ( 163 S. E. 910 ); Harris v. Neuman, 179 Ga. 879 (2), 883 ( 177 S. E. 698 ). (a) However, the defendant insists that even though a period of limitations may have been fixed by statute, this time should be reduced by the equitable doctrine of laches (Code, §§ 3-712, 3-713, 37-119), and that the present suit is so debarred.

21941–1941
Eller v. McMillan green
ga · 1932
2 sentences

1941See, in this connection, Wallace v. Mize, 153 Ga. 374, 383 ( 112 S. E. 724 ); Stonecypher v. Coleman, 161 Ga. 403 (2), 411 ( 131 S. E. 75 ); Whittle v. Nottingham, 164 Ga. 155, 161 ( 138 S. E. 62 ); Eller v. McMillan, 174 Ga. 729 (2, 3), 733 ( 163 S. E. 910 ); Harris v. Neuman, 179 Ga. 879 (2), 883 ( 177 S. E. 698 ). (a) However, the defendant insists that even though a period of limitations may have been fixed by statute, this time should be reduced by the equitable doctrine of laches (Code, §§ 3-712, 3-713, 37-119), and that the present suit is so debarred.

1941See, in this connection, Wallace v. Mize, 153 Ga. 374, 383 ( 112 S. E. 724 ); Stonecypher v. Coleman, 161 Ga. 403 (2), 411 ( 131 S. E. 75 ); Whittle v. Nottingham, 164 Ga. 155, 161 ( 138 S. E. 62 ); Eller v. McMillan, 174 Ga. 729 (2, 3), 733 ( 163 S. E. 910 ); Harris v. Neuman, 179 Ga. 879 (2), 883 ( 177 S. E. 698 ). (a) However, the defendant insists that even though a period of limitations may have been fixed by statute, this time should be reduced by the equitable doctrine of laches (Code, §§ 3-712, 3-713, 37-119), and that the present suit is so debarred.

21941–1941
Harris v. Neuman green
ga · 1934
2 sentences

1941See, in this connection, Wallace v. Mize, 153 Ga. 374, 383 ( 112 S. E. 724 ); Stonecypher v. Coleman, 161 Ga. 403 (2), 411 ( 131 S. E. 75 ); Whittle v. Nottingham, 164 Ga. 155, 161 ( 138 S. E. 62 ); Eller v. McMillan, 174 Ga. 729 (2, 3), 733 ( 163 S. E. 910 ); Harris v. Neuman, 179 Ga. 879 (2), 883 ( 177 S. E. 698 ). (a) However, the defendant insists that even though a period of limitations may have been fixed by statute, this time should be reduced by the equitable doctrine of laches (Code, §§ 3-712, 3-713, 37-119), and that the present suit is so debarred.

1941See, in this connection, Wallace v. Mize, 153 Ga. 374, 383 ( 112 S. E. 724 ); Stonecypher v. Coleman, 161 Ga. 403 (2), 411 ( 131 S. E. 75 ); Whittle v. Nottingham, 164 Ga. 155, 161 ( 138 S. E. 62 ); Eller v. McMillan, 174 Ga. 729 (2, 3), 733 ( 163 S. E. 910 ); Harris v. Neuman, 179 Ga. 879 (2), 883 ( 177 S. E. 698 ). (a) However, the defendant insists that even though a period of limitations may have been fixed by statute, this time should be reduced by the equitable doctrine of laches (Code, §§ 3-712, 3-713, 37-119), and that the present suit is so debarred.

21941–1941
Collier v. State green
ga · 2019
2 sentences

2022Moreover, given the concern the State raised in Collier about 26 “long-delayed out-of-time appeal motions brought in the trial court,” id. at 370 , we acknowledged that motions for out-of-time appeal in trial courts were “not directly barred by the application of any statute of limitation” and considered whether the common-law doctrine of laches (also known as “prejudicial delay”) could apply to the proceedings to bar a convicted defendant from obtaining relief, id. at 375 .

2022Moreover, given the concern the State raised in Collier about 26 “long-delayed out-of-time appeal motions brought in the trial court,” id. at 370 , we acknowledged that motions for out-of-time appeal in trial courts were “not directly barred by the application of any statute of limitation” and considered whether the common-law doctrine of laches (also known as “prejudicial delay”) could apply to the proceedings to bar a convicted defendant from obtaining relief, id. at 375 .

12022–2022
Schoicket v. State green
ga · 2021
1 sentence

2022The majority opinion concluded that the State could “raise the defense of ‘prejudicial delay’ to out-of-time appeal motions filed in the trial court,” id. at 370 , and further noted that the State could argue “and the trial court [could] consider the time periods, factors, and other criteria set out in the most analogous limitation and laches provisions—those found in the Habeas Corpus Act—in determining whether the State’s defense has merit and the defendant’s motion should be dismissed,” id. at 375 .9 Four Justices 9 It is notable that the absence of a time limitation for the trial court out

12022–2022
WYNDHAM LAKES HOMEOWNERS ASS'N v. Gray green
gactapp · 2010
2 sentences

2018The same failure of proof precludes a finding of waiver, which "is essentially a matter of intent based upon full knowledge of all the material facts, and the evidence relied upon to prove a waiver must be so clearly indicative of an intent to relinquish a then known particular right or benefit as to exclude any other reasonable explanation." Wyndham Lakes Homeowners Assn., Inc. v. Gray , 303 Ga. App. 45 , 48 (2), 692 S.E.2d 704 (2010) (punctuation omitted). 19 See Hall , 269 Ga. at 197-200 (1), 498 S.E.2d 258 (1998) (reversing trial court's denial of plaintiff's claim for injunctive relief ba

2018The same failure of proof precludes a finding of waiver, which "is essentially a matter of intent based upon full knowledge of all the material facts, and the evidence relied upon to prove a waiver must be so clearly indicative of an intent to relinquish a then known particular right or benefit as to exclude any other reasonable explanation." Wyndham Lakes Homeowners Assn., Inc. v. Gray , 303 Ga. App. 45 , 48 (2), 692 S.E.2d 704 (2010) (punctuation omitted). 19 See Hall , 269 Ga. at 197-200 (1), 498 S.E.2d 258 (1998) (reversing trial court's denial of plaintiff's claim for injunctive relief ba

12018–2018
Vatacs Group, Inc. v. Homeside Lending, Inc. green
ga · 2006
2 sentences

2009Hayes, supra, 251 Ga. at 581-582 ; Latham v. Fowler, 192 Ga. 686, 691-693 ( 16 SE2d 591 ) (1941); VATACS Group v. HomeSide Lending, 281 Ga. 50 ( 635 SE2d 758 ) (2006).

2009Hayes, supra, 251 Ga. at 581-582 ; Latham v. Fowler, 192 Ga. 686, 691-693 ( 16 SE2d 591 ) (1941); VATACS Group v. HomeSide Lending, 281 Ga. 50 ( 635 SE2d 758 ) (2006).

12009–2009
Hayes v. Howell green
ga · 1983
1 sentence

2009Hayes, supra, 251 Ga. at 581-582 ; Latham v. Fowler, 192 Ga. 686, 691-693 ( 16 SE2d 591 ) (1941); VATACS Group v. HomeSide Lending, 281 Ga. 50 ( 635 SE2d 758 ) (2006).

12009–2009
Addis v. Smith green
ga · 1970
1 sentence

1994Addis v. Smith, 226 Ga. *802 894, 895 (1) ( 178 SE2d 191 ) (1970).

11994–1994
Brown v. State neutral
ga · 1977
11981–1981
Holmes v. Kenyon green
ga · 1977
11981–1981
Alley v. Alley green
gactapp · 1976
11979–1979
Burkhart v. City of Fitzgerald neutral
ga · 1912
11965–1965
Williams v. Porter green
ga · 1947
11963–1963
Citizens & Southern National Bank v. Ellis green
ga · 1931
11946–1946
Grant v. Hart green
ga · 1941
11942–1942
In re the Disbarment of Elliott green
kan · 1906
11937–1937

Statutes the citing opinions construe

GA § 9-3-3 (5) GA § 13-6-11 (3) GA § 9-11-56 (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

NY 283 (1887–2026) TX 194 (1924–2026) IL 193 (1882–2026) CA 184 (1895–2025) PA 142 (1935–2026) OH 134 (1889–2026) MI 93 (1888–2025) IN 89 (1913–2025) DE 83 (1938–2026) FL 74 (1934–2026) MD 72 (1897–2025) AL 68 (1904–2025) NJ 68 (1942–2026) NC 62 (1943–2026) AR 52 (1902–2024) WA 51 (1906–2026) SC 47 (1939–2025) CT 44 (1946–2019) MN 42 (1894–2026) AZ 39 (1906–2025) MT 39 (1915–2025) TN 39 (1914–2024) WV 39 (1899–2025) WI 38 (1927–2024) LA 38 (1965–2026) VA 36 (1874–2026) GA 36 (1934–2025) CO 34 (1894–2026) UT 32 (1890–2024) OR 31 (1919–2025) KY 29 (1926–2026) RI 29 (1937–2023) MO 29 (1904–2023) NV 29 (1925–2022) NM 25 (1944–2024) IA 25 (1907–2024) HI 23 (1966–2026) DC 23 (1976–2024) MS 22 (1922–2024) WY 19 (1939–2025) KS 18 (1910–2024) ND 17 (1954–2024) NH 15 (1982–2018) AK 14 (1976–2025) OK 12 (1928–2005) ME 12 (1989–2020) VT 11 (1978–2025) NE 9 (1910–2022) MA 8 (1999–2023) ID 8 (1996–2025) VI 8 (1979–2017) SD 6 (1996–2013)

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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