rationale underlying rule (Georgia) · Go Syfert
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rationale underlying rule in Georgia

13 Georgia opinions name it 2 courts 1978–2024 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 (14)

CaseFollowedCited
Taylor v. Phillipsgreen
ark · 1990 · cited in 2 Georgia opinions naming this issue, 1993–2000
2 sentences

2000Institute of Health, 815 F.2d 985, 988 (4th Cir.1987); (2) to require a patient to bring suit against his physician before treatment is terminated would conceivably afford the physician a defense that the patient left before treatment was terminated and before the physician had a chance to effectuate a proper result, Taylor v. Phillips, 304 Ark. 285 , 801 S.W.2d 303, 305 (1990); and (3) the treating physician is in the best position to identify and correct the malpractice, Cooper v. Kaplan, 78 N.Y.2d 1103 , 578 N.Y.S.2d 124 , 585 N.E.2d 373, 374 (1991).

2000Institute of Health, 815 F.2d 985, 988 (4th Cir.1987); (2) to require a patient to bring suit against his physician before treatment is terminated would conceivably afford the physician a defense that the patient left before treatment was terminated and before the physician had a chance to effectuate a proper result, Taylor v. Phillips, 304 Ark. 285 , 801 S.W.2d 303, 305 (1990); and (3) the treating physician is in the best position to identify and correct the malpractice, Cooper v. Kaplan, 78 N.Y.2d 1103 , 578 N.Y.S.2d 124 , 585 N.E.2d 373, 374 (1991).

22
Cooper v. Kaplangreen
ny · 1991 · cited in 2 Georgia opinions naming this issue, 1993–2000
2 sentences

2000Institute of Health, 815 F.2d 985, 988 (4th Cir.1987); (2) to require a patient to bring suit against his physician before treatment is terminated would conceivably afford the physician a defense that the patient left before treatment was terminated and before the physician had a chance to effectuate a proper result, Taylor v. Phillips, 304 Ark. 285 , 801 S.W.2d 303, 305 (1990); and (3) the treating physician is in the best position to identify and correct the malpractice, Cooper v. Kaplan, 78 N.Y.2d 1103 , 578 N.Y.S.2d 124 , 585 N.E.2d 373, 374 (1991).

2000Institute of Health, 815 F.2d 985, 988 (4th Cir.1987); (2) to require a patient to bring suit against his physician before treatment is terminated would conceivably afford the physician a defense that the patient left before treatment was terminated and before the physician had a chance to effectuate a proper result, Taylor v. Phillips, 304 Ark. 285 , 801 S.W.2d 303, 305 (1990); and (3) the treating physician is in the best position to identify and correct the malpractice, Cooper v. Kaplan, 78 N.Y.2d 1103 , 578 N.Y.S.2d 124 , 585 N.E.2d 373, 374 (1991).

22
Hilliard v. Canton Wholesale Co.green
gactapp · 1979 · cited in 2 Georgia opinions naming this issue, 1992–2004
2 sentences

2004“The rationale underlying the requirement that the objection be sufficiently specific is to insure that the trial judge is afforded an opportunity to correct any error in the instructions prior to verdict so that the necessity of an appeal will be obviated.” (Citations omitted.) Hilliard v. Canton Wholesale Co., 151 Ga. App. 184, 186 (3) ( 259 SE2d 182 ) (1979).

2004“The rationale underlying the requirement that the objection be sufficiently specific is to insure that the trial judge is afforded an opportunity to correct any error in the instructions prior to verdict so that the necessity of an appeal will be obviated.” (Citations omitted.) Hilliard v. Canton Wholesale Co., 151 Ga. App. 184, 186 (3) ( 259 SE2d 182 ) (1979).

12
Kapherr v. MFG Chemical, Inc.green
gactapp · 2005 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024According 1 See Kapherr v. MFG Chemical, Inc., 277 Ga. App. 112, 112 ( 625 SE2d 513 ) (2005). 5 to Shedeke, because the situation at Garrett’s house was not an emergency, his status was that of an invitee.

2024According 1 See Kapherr v. MFG Chemical, Inc., 277 Ga. App. 112, 112 ( 625 SE2d 513 ) (2005). 5 to Shedeke, because the situation at Garrett’s house was not an emergency, his status was that of an invitee.

11
Avren v. Gartengreen
ga · 2011 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024See Avren v. Garten, 289 Ga. 186, 190-191 (6) ( 710 SE2d 130 ) (2011) (holding that in a case arising out of petitions for modification of child support and child custody, the trial court had jurisdiction to enter an award of attorney fees while the mother’s application for discretionary appeal was pending).The rationale underlying this rule is that a post-judgment order of attorney fees does not represent an amendment of the 2 The amended final judgment was entered on July 6, 2023.

2024See Avren v. Garten, 289 Ga. 186, 190-191 (6) ( 710 SE2d 130 ) (2011) (holding that in a case arising out of petitions for modification of child support and child custody, the trial court had jurisdiction to enter an award of attorney fees while the mother’s application for discretionary appeal was pending).The rationale underlying this rule is that a post-judgment order of attorney fees does not represent an amendment of the 2 The amended final judgment was entered on July 6, 2023.

11
Whitehead v. Stategreen
ga · 2010 · cited in 1 Georgia opinions naming this issue, 2011–2011
1 sentence

2011But cf. OCGA § 5-5-24 (a) (requiring an objection “before the jury returns its verdict”), (c) (mandating review in certain circumstances, notwithstanding the lack of proper objection); Whitehead, supra at 245-249 (2) (examining the rationale underlying the requirement to reiterate an objection in order to preserve an issue for appellate review). 13 See Jones v. Sperau, 275 Ga. 213, 214 (2) ( 563 SE2d 863 ) (2002) (“A trial court has a duty to charge the jury on the law applicable to issues which are supported by the evidence.

11
Jones v. Speraugreen
ga · 2002 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011But cf. OCGA § 5-5-24 (a) (requiring an objection “before the jury returns its verdict”), (c) (mandating review in certain circumstances, notwithstanding the lack of proper objection); Whitehead, supra at 245-249 (2) (examining the rationale underlying the requirement to reiterate an objection in order to preserve an issue for appellate review). 13 See Jones v. Sperau, 275 Ga. 213, 214 (2) ( 563 SE2d 863 ) (2002) (“A trial court has a duty to charge the jury on the law applicable to issues which are supported by the evidence.

2011But cf. OCGA § 5-5-24 (a) (requiring an objection “before the jury returns its verdict”), (c) (mandating review in certain circumstances, notwithstanding the lack of proper objection); Whitehead, supra at 245-249 (2) (examining the rationale underlying the requirement to reiterate an objection in order to preserve an issue for appellate review). 13 See Jones v. Sperau, 275 Ga. 213, 214 (2) ( 563 SE2d 863 ) (2002) (“A trial court has a duty to charge the jury on the law applicable to issues which are supported by the evidence.

11
Linda L. Otto, Hugh Otto v. National Institute of Healthgreen
ca4 · 1987 · cited in 1 Georgia opinions naming this issue, 2000–2000
1 sentence

2000Institute of Health, 815 F.2d 985, 988 (4th Cir.1987); (2) to require a patient to bring suit against his physician before treatment is terminated would conceivably afford the physician a defense that the patient left before treatment was terminated and before the physician had a chance to effectuate a proper result, Taylor v. Phillips, 304 Ark. 285 , 801 S.W.2d 303, 305 (1990); and (3) the treating physician is in the best position to identify and correct the malpractice, Cooper v. Kaplan, 78 N.Y.2d 1103 , 578 N.Y.S.2d 124 , 585 N.E.2d 373, 374 (1991).

11
Advanced Drainage Systems, Inc. v. Lowmangreen
gactapp · 1993 · cited in 1 Georgia opinions naming this issue, 1999–1999
2 sentences

1999(Citations, punctuation and footnote omitted.) Advanced Drainage Systems v. Lowman, 210 Ga. App. 731, 733-734 (2) ( 437 SE2d 604 ) (1993).

1999(Citations, punctuation and footnote omitted.) Advanced Drainage Systems v. Lowman, 210 Ga. App. 731, 733-734 (2) ( 437 SE2d 604 ) (1993).

11
Vulcan Materials Co. v. Driltech, Inc.green
ga · 1983 · cited in 1 Georgia opinions naming this issue, 1993–1993
2 sentences

1993Vulcan Materials Co. v. Driltech, 251 Ga. 383, 387 ( 306 SE2d 253 ) (1983).

1993Vulcan Materials Co. v. Driltech, 251 Ga. 383, 387 ( 306 SE2d 253 ) (1983).

11
Enelow v. New York Life Insurancegreen
scotus · 1935 · cited in 1 Georgia opinions naming this issue, 1983–1983
1 sentence

1983See Enelow, supra at 382-83 .

11
Cooper v. National Fertilizer Co.green
ga · 1909 · cited in 1 Georgia opinions naming this issue, 1979–1979
2 sentences

1979Fertilizer Co., 132 Ga. 529, 535 ( 64 SE 650 ): "The profits of a commercial business are dependent on so many hazards and chances, that unless the anticipated profits are capable of ascertainment, and the loss of them traceable directly to the defendant’s wrongful act, they are too *11 speculative to afford a basis for the computation of damages.” Succinctly stated, "[a]n allowance for damages cannot be based on guesswork. [Cits.]” Tendrift Realty Co. v. Hayes, 140 Ga. App. 896 ( 232 SE2d 169 ).

1979Fertilizer Co., 132 Ga. 529, 535 ( 64 SE 650 ): "The profits of a commercial business are dependent on so many hazards and chances, that unless the anticipated profits are capable of ascertainment, and the loss of them traceable directly to the defendant’s wrongful act, they are too *11 speculative to afford a basis for the computation of damages.” Succinctly stated, "[a]n allowance for damages cannot be based on guesswork. [Cits.]” Tendrift Realty Co. v. Hayes, 140 Ga. App. 896 ( 232 SE2d 169 ).

11
Cutliffe v. Prysegreen
ga · 1938 · cited in 1 Georgia opinions naming this issue, 1978–1978
2 sentences

1978Held: Code Ann. § 3-808 provides: "If a plaintiff shall discontinue or dismiss his case, and shall recommence within six months, such renewed case shall stand upon the same footing, as to limitation, with the original case...” However, in Cutliffe v. Pryse, 187 Ga. 51, 53-54 ( 200 SE 124 ), it was stated that Code Ann. § 3-808 ". . .does not apply to void suits. [Cits.] It will apply to suits that are voidable — not wholly void. [Cits.] The first-mentioned class (suits that are void) includes suits where the petition has been filed but not served upon the defendant. [Cits.]” The rationale unde

1978Held: Code Ann. § 3-808 provides: "If a plaintiff shall discontinue or dismiss his case, and shall recommence within six months, such renewed case shall stand upon the same footing, as to limitation, with the original case...” However, in Cutliffe v. Pryse, 187 Ga. 51, 53-54 ( 200 SE 124 ), it was stated that Code Ann. § 3-808 ". . .does not apply to void suits. [Cits.] It will apply to suits that are voidable — not wholly void. [Cits.] The first-mentioned class (suits that are void) includes suits where the petition has been filed but not served upon the defendant. [Cits.]” The rationale unde

11
Chance v. Planters Rural Telephone Cooperative, Inc.green
ga · 1963 · cited in 1 Georgia opinions naming this issue, 1978–1978
2 sentences

1978Cooperative, 219 Ga. 1, 4 ( 131 SE2d 541 ), where it was stated that, as to Code Ann. § 3-808: ". . .the mere filing of the petition will not of itself operate to toll the statute of limitation.

1978Cooperative, 219 Ga. 1, 4 ( 131 SE2d 541 ), where it was stated that, as to Code Ann. § 3-808: ". . .the mere filing of the petition will not of itself operate to toll the statute of limitation.

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 (2)

CaseCitedYears
DeKalb County v. Post Properties, Inc. green
ga · 1980
1 sentence

1982The rationale underlying this rule is “to afford the County Commissioners an opportunity to rectify the situation” if the zoning classification is, in fact, unconstitutional. 245 Ga. at 218 .

11982–1982
TENDRIFT REALTY COMPANY v. Hayes green
gactapp · 1977
2 sentences

1979Fertilizer Co., 132 Ga. 529, 535 ( 64 SE 650 ): "The profits of a commercial business are dependent on so many hazards and chances, that unless the anticipated profits are capable of ascertainment, and the loss of them traceable directly to the defendant’s wrongful act, they are too *11 speculative to afford a basis for the computation of damages.” Succinctly stated, "[a]n allowance for damages cannot be based on guesswork. [Cits.]” Tendrift Realty Co. v. Hayes, 140 Ga. App. 896 ( 232 SE2d 169 ).

1979Fertilizer Co., 132 Ga. 529, 535 ( 64 SE 650 ): "The profits of a commercial business are dependent on so many hazards and chances, that unless the anticipated profits are capable of ascertainment, and the loss of them traceable directly to the defendant’s wrongful act, they are too *11 speculative to afford a basis for the computation of damages.” Succinctly stated, "[a]n allowance for damages cannot be based on guesswork. [Cits.]” Tendrift Realty Co. v. Hayes, 140 Ga. App. 896 ( 232 SE2d 169 ).

11979–1979

Statutes the citing opinions construe

GA § 5-5-24 (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

CA 87 (1964–2025) IL 78 (1970–2026) NY 58 (1956–2026) TX 39 (1990–2022) OH 38 (1982–2026) CT 35 (1983–2022) MD 32 (1980–2024) PA 28 (1976–2026) MO 26 (1970–2024) NJ 15 (1978–2025) GA 13 (1978–2024) WA 13 (1971–2016) IN 13 (1973–2020) MI 13 (1974–2021) IA 12 (1988–2023) FL 11 (1968–2011) DC 10 (1978–2017) TN 10 (1993–2018) NC 9 (1987–2018) WI 9 (1971–2024) LA 8 (1967–2014) MN 8 (1993–2019) VA 8 (1990–2017) NH 8 (1972–2002) NM 8 (2000–2019) WV 7 (1983–2015) CO 7 (1986–2005) AL 7 (1977–2016) WY 7 (1970–2017) MT 6 (1998–2008) UT 6 (1993–2022) ME 6 (1969–2018) ND 6 (1985–2005) DE 6 (1974–2023) AZ 5 (1984–2012) NE 5 (1983–2002) HI 4 (1995–2019) RI 4 (1970–2014) VT 4 (1985–2022) NV 3 (1998–2011) MA 3 (1981–2004) SC 3 (1996–2004) MS 3 (1980–1998) OR 2 (1999–2008)

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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