section 9-11-12(e) more definite statement (Georgia) · Go Syfert
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section 9-11-12(e) more definite statement in Georgia

9 Georgia opinions name it 2 courts 1983–2019 0 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 (8)

CaseFollowedCited
Tucker v. Chung Studio of Karate, Inc.green
gactapp · 1977 · cited in 2 Georgia opinions naming this issue, 1983–2017
2 sentences

2017See Tucker, 142 Ga. App. at 820 (3); see also Babalola, 324 Ga. App. at 755 (2) (c). 4.

1983See Tucker v. Chung Studio, 142 Ga. App. 818, 820 ( 237 SE2d 223 ) (1977), overruling Henry v. Allstate Ins.

22
Moultrie v. Atlanta Federal Savings & Loan Ass'ngreen
gactapp · 1979 · cited in 2 Georgia opinions naming this issue, 2017–2017
2 sentences

2017Sav. & Loan Assn., 148 Ga. App. 650, 651 (1) ( 252 SE2d 77 ) (1979).

2017Sav. & Loan Assn., 148 Ga. App. 650, 651 (1) ( 252 SE2d 77 ) (1979).

22
ROBERTS v. JP MORGAN CHASE BANK, NATIONAL ASSOCIATION Et Al.green
gactapp · 2017 · cited in 3 Georgia opinions naming this issue, 2019–2019
2 sentences

2019The trial court's dismissal of the fraud ... claim[ ] is reversed, and the case is remanded with direction to treat the motion to dismiss as to [that] claim[ ] as a motion for a more definite statement under OCGA § 9-11-12 (e)." Roberts, 342 Ga. App. at 79 (3), 802 S.E.2d 880 (citations omitted). 6.

2019The trial court's dismissal of the fraud ... claim[ ] is reversed, and the case is remanded with direction to treat the motion to dismiss as to [that] claim[ ] as a motion for a more definite statement under OCGA § 9-11-12 (e)." Roberts, 342 Ga. App. at 79 (3), 802 S.E.2d 880 (citations omitted). 6.

13
City of Peachtree City v. Shavergreen
ga · 2003 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See City of Peachtree City v. Shaver, 276 Ga. 298, 301 ( 578 SE2d 409 ) (2003) (“A defendant is entitled to a charging instrument that is perfect in form as well as substance, and the proper method to challenge the form of such instrument is a special demurrer.” (citations omitted)); see also Kimbrough, 300 Ga. at 880-881 (“By filing a special demurrer, the accused claims not that the charge in an indictment is fatally defective and incapable of supporting a conviction (as 6 direct the parties to the helpful analogy to the Civil Practice Act expressed in Kimbrough: “A motion to dismiss for fai

2019See City of Peachtree City v. Shaver, 276 Ga. 298, 301 ( 578 SE2d 409 ) (2003) (“A defendant is entitled to a charging instrument that is perfect in form as well as substance, and the proper method to challenge the form of such instrument is a special demurrer.” (citations omitted)); see also Kimbrough, 300 Ga. at 880-881 (“By filing a special demurrer, the accused claims not that the charge in an indictment is fatally defective and incapable of supporting a conviction (as 6 direct the parties to the helpful analogy to the Civil Practice Act expressed in Kimbrough: “A motion to dismiss for fai

11
Kimbrough v. Stategreen
ga · 2017 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See City of Peachtree City v. Shaver, 276 Ga. 298, 301 ( 578 SE2d 409 ) (2003) (“A defendant is entitled to a charging instrument that is perfect in form as well as substance, and the proper method to challenge the form of such instrument is a special demurrer.” (citations omitted)); see also Kimbrough, 300 Ga. at 880-881 (“By filing a special demurrer, the accused claims not that the charge in an indictment is fatally defective and incapable of supporting a conviction (as 6 direct the parties to the helpful analogy to the Civil Practice Act expressed in Kimbrough: “A motion to dismiss for fai

2019See City of Peachtree City v. Shaver, 276 Ga. 298, 301 ( 578 SE2d 409 ) (2003) (“A defendant is entitled to a charging instrument that is perfect in form as well as substance, and the proper method to challenge the form of such instrument is a special demurrer.” (citations omitted)); see also Kimbrough, 300 Ga. at 880-881 (“By filing a special demurrer, the accused claims not that the charge in an indictment is fatally defective and incapable of supporting a conviction (as 6 direct the parties to the helpful analogy to the Civil Practice Act expressed in Kimbrough: “A motion to dismiss for fai

11
State v. Cohengreen
ga · 2017 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019We therefore review the trial court’s order based on the understanding that the indictment was dismissed based on a general demurrer, and we conduct that review “de novo in order to determine whether the allegations in the indictment are legally sufficient.” State v. Cohen, 302 Ga. 616, 618 ( 807 SE2d 861 ) (2017) (citation and punctuation omitted).

2019We therefore review the trial court’s order based on the understanding that the indictment was dismissed based on a general demurrer, and we conduct that review “de novo in order to determine whether the allegations in the indictment are legally sufficient.” State v. Cohen, 302 Ga. 616, 618 ( 807 SE2d 861 ) (2017) (citation and punctuation omitted).

11
Babalola v. HSBC Bank, USA, N.A.green
gactapp · 2013 · cited in 1 Georgia opinions naming this issue, 2017–2017
1 sentence

2017See Tucker, 142 Ga. App. at 820 (3); see also Babalola, 324 Ga. App. at 755 (2) (c). 4.

11
Alford v. State of Ga.green
gactapp · 1993 · cited in 1 Georgia opinions naming this issue, 1994–1994
2 sentences

1994Alford v. State of Ga., 208 Ga. App. 595, 597 ( 431 SE2d 393 ) (1993).

1994Alford v. State of Ga., 208 Ga. App. 595, 597 ( 431 SE2d 393 ) (1993).

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 (1)

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

Statutes the citing opinions construe

GA § 9-11-12 (9) GA § 9-11-9 (4) GA § 16-14-3 (3) GA § 16-14-4 (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.

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