award error in Georgia

12 Georgia opinions name it 2 courts 1938–2006 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 (7)

Case	Followed	Cited
Witty v. McNeal Agency, Inc.green gactapp · 1999 · cited in 1 Georgia opinions naming this issue, 2006–2006 2 sentences 2006Witty v. McNeal Agency, 239 Ga. App. 554, 556 (1) (b) ( 521 SE2d 619 ) (1999). 2006Witty v. McNeal Agency, 239 Ga. App. 554, 556 (1) (b) ( 521 SE2d 619 ) (1999).	1	1
Galindo v. Lanier Worldwide, Inc.green gactapp · 1999 · cited in 1 Georgia opinions naming this issue, 2005–2005 2 sentences 2005See Galindo v. Lanier Worldwide, 241 Ga. App. 78, 84 (4) ( 526 SE2d 141 ) (1999) (motion to vacate award must be filed within three months of award; party cannot wait and later raise same issues that could have been raised in a motion to vacate as a defense to motion to confirm an award); Cullen v. Paine, Webber, Jackson & Curtis, 863 F2d 851, 854 (II) (A) (11th Cir. 1989) (“failure of a party to move to vacate an arbitral award within the three-month limitations period... bars him from raising the alleged invalidity of the award as a defense in opposition to a motion ... to confirm the award” 2005See Galindo v. Lanier Worldwide, 241 Ga. App. 78, 84 (4) ( 526 SE2d 141 ) (1999) (motion to vacate award must be filed within three months of award; party cannot wait and later raise same issues that could have been raised in a motion to vacate as a defense to motion to confirm an award); Cullen v. Paine, Webber, Jackson & Curtis, 863 F2d 851, 854 (II) (A) (11th Cir. 1989) (“failure of a party to move to vacate an arbitral award within the three-month limitations period... bars him from raising the alleged invalidity of the award as a defense in opposition to a motion ... to confirm the award”	1	1
Howard Sheppard, Inc. v. McGowangreen gactapp · 1976 · cited in 1 Georgia opinions naming this issue, 1981–1981 2 sentences 1981See Howard Sheppard, Inc. v. McGowan, 137 Ga. App. 408 (1) ( 224 SE2d 65 ). 1981See Howard Sheppard, Inc. v. McGowan, 137 Ga. App. 408 (1) ( 224 SE2d 65 ).	1	1
Davis v. Stategreen ga · 1863 · cited in 1 Georgia opinions naming this issue, 1977–1977 1 sentence 1977It includes all charges, fixed by statute, as compensation for services rendered by officers of the Court in the progress of the cause.” Davis v. State, 33 Ga. 531, 533 (1863).	1	1
General Teamsters Local Union No. 528 v. Allied Foods, Inc.green ga · 1971 · cited in 1 Georgia opinions naming this issue, 1977–1977 2 sentences 1977The appellants challenge the trial court’s action 26 in awarding (a) attorney fees and (b) costs of litigation including costs of depositions and the court reporter’s take-down fee, against them following the adjudication of contempt. (a) Under Ragsdale v. Bryan, 235 Ga. 58 ( 218 SE2d 809 ) (1975) and General Teamsters Local Union No. 528 v. Allied Foods, 228 Ga. 479, 485 ( 186 SE2d 527 (1971), which we decline to reconsider and overrule, the trial court has no authority to award attorney fees in a contempt case, and the award was error in the instant case. (b) Though it is clear that costs o 1977The appellants challenge the trial court’s action 26 in awarding (a) attorney fees and (b) costs of litigation including costs of depositions and the court reporter’s take-down fee, against them following the adjudication of contempt. (a) Under Ragsdale v. Bryan, 235 Ga. 58 ( 218 SE2d 809 ) (1975) and General Teamsters Local Union No. 528 v. Allied Foods, 228 Ga. 479, 485 ( 186 SE2d 527 (1971), which we decline to reconsider and overrule, the trial court has no authority to award attorney fees in a contempt case, and the award was error in the instant case. (b) Though it is clear that costs o	1	1
Maryland Casualty Company v. Pitmangreen gactapp · 1945 · cited in 1 Georgia opinions naming this issue, 1955–1955 2 sentences 1955There was sufficient competent evidence to support the award of the director in favor of the claimant, and the judge of the superior court erred in setting aside the award of the full board, affirming the award of the hearing director.” See also, as to the right of review, Lumbermen’s Mutual Casualty Co. v. Cook, 195 Ga. 397 ( 24 S. E. 2d 309 ); Maryland Casualty Co. v. Pitman, 72 Ga. App. 838, 839 ( 35 S. E. 2d 319 ); Hartford Accident &c. 1955There was sufficient competent evidence to support the award of the director in favor of the claimant, and the judge of the superior court erred in setting aside the award of the full board, affirming the award of the hearing director." See also, as to the right of review, Lumbermen's Mutual Casualty Co. v. Cook, 195 Ga. 397 ( 24 S. E. 2d 309 ); Maryland Casualty Co. v. Pitman, 72 Ga. App. 838, 839 ( 35 S. E. 2d 319 ); Hartford Accident &c.	1	1
Lumbermen's Mutual Casualty Co. v. McIntyregreen gactapp · 1942 · cited in 1 Georgia opinions naming this issue, 1952–1952 2 sentences 1952The contention that the board “had to assume that claimant was permanently and totally disabled at the time of the hearing” is without merit, since “under the Georgia law it is not a condition precedent that it first be adjudicated that the disability is permanent.” Lumbermen’s Mutual Casualty Co. v. McIntyre, 67 Ga. App. 666, 669 ( 21 S. E. 2d, 446 ). 1952The contention that the board “had to assume that claimant was permanently and totally disabled at the time of the hearing” is without merit, since “under the Georgia law it is not a condition precedent that it first be adjudicated that the disability is permanent.” Lumbermen’s Mutual Casualty Co. v. McIntyre, 67 Ga. App. 666, 669 ( 21 S. E. 2d, 446 ).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (13)

Case	Cited	Years
Greene v. Hundley green ga · 1996 1 sentence 1998“Nothing on the face of the arbitration award appears to be the result of corruption, fraud, or misconduct.” Greene, supra at 596 .	1	1998–1998
United States Casualty Co. v. Russell green gactapp · 1958 2 sentences 1978Co. v. Russell, 98 Ga. App. 181 .” The Attorney General representing the Department of Human Resources and the State of Georgia urges that the award was in error on the following grounds: 1) there was no evidence to support a finding that the claimant’s employer furnished a parking space to her, 2) there was no evidence to sustain a conclusion that the accident occurred on state’s property, 3) there was no evidence that the claimant was on her employer’s premises. 1978Co. v. Russell , 98 Ga. App. 181 ." The Attorney General representing the Department of Human Resources and the State of Georgia urges that the award was in error on the following grounds: 1) there was no evidence to support a finding that the claimant's employer furnished a parking space to her, 2) there was no evidence to sustain a conclusion that the accident occurred on state's property, 3) there was no evidence that the claimant was on her employer's premises.	1	1978–1978
Warner v. Martin green ga · 1905 2 sentences 1977The appellants challenge the trial court’s action 26 in awarding (a) attorney fees and (b) costs of litigation including costs of depositions and the court reporter’s take-down fee, against them following the adjudication of contempt. (a) Under Ragsdale v. Bryan, 235 Ga. 58 ( 218 SE2d 809 ) (1975) and General Teamsters Local Union No. 528 v. Allied Foods, 228 Ga. 479, 485 ( 186 SE2d 527 (1971), which we decline to reconsider and overrule, the trial court has no authority to award attorney fees in a contempt case, and the award was error in the instant case. (b) Though it is clear that costs o 1977The appellants challenge the trial court’s action 26 in awarding (a) attorney fees and (b) costs of litigation including costs of depositions and the court reporter’s take-down fee, against them following the adjudication of contempt. (a) Under Ragsdale v. Bryan, 235 Ga. 58 ( 218 SE2d 809 ) (1975) and General Teamsters Local Union No. 528 v. Allied Foods, 228 Ga. 479, 485 ( 186 SE2d 527 (1971), which we decline to reconsider and overrule, the trial court has no authority to award attorney fees in a contempt case, and the award was error in the instant case. (b) Though it is clear that costs o	1	1977–1977
Ragsdale v. Bryan green ga · 1975 2 sentences 1977The appellants challenge the trial court’s action 26 in awarding (a) attorney fees and (b) costs of litigation including costs of depositions and the court reporter’s take-down fee, against them following the adjudication of contempt. (a) Under Ragsdale v. Bryan, 235 Ga. 58 ( 218 SE2d 809 ) (1975) and General Teamsters Local Union No. 528 v. Allied Foods, 228 Ga. 479, 485 ( 186 SE2d 527 (1971), which we decline to reconsider and overrule, the trial court has no authority to award attorney fees in a contempt case, and the award was error in the instant case. (b) Though it is clear that costs o 1977The appellants challenge the trial court’s action 26 in awarding (a) attorney fees and (b) costs of litigation including costs of depositions and the court reporter’s take-down fee, against them following the adjudication of contempt. (a) Under Ragsdale v. Bryan, 235 Ga. 58 ( 218 SE2d 809 ) (1975) and General Teamsters Local Union No. 528 v. Allied Foods, 228 Ga. 479, 485 ( 186 SE2d 527 (1971), which we decline to reconsider and overrule, the trial court has no authority to award attorney fees in a contempt case, and the award was error in the instant case. (b) Though it is clear that costs o	1	1977–1977
Ocean Accident & Guarantee Corp. v. Bates green gactapp · 1961 2 sentences 1965Corp. v. Bates, 104 Ga. App. 621 (4) ( 122 SE2d 305 ) is not applicable here since the ruling of the court in that case was based upon the fact that the award of the hearing director affirmatively disclosed that he had liberally construed the evidence in favor of the employee under the erroneous theory of law that such was required by the doctrine of liberal construction of the Workmen’s Compensation Act. 1965Corp. v. Bates, 104 Ga. App. 621 (4) ( 122 SE2d 305 ) is not applicable here since the ruling of the court in that case was based upon the fact that the award of the hearing director affirmatively disclosed that he had liberally construed the evidence in favor of the employee under the erroneous theory of law that such was required by the doctrine of liberal construction of the Workmen’s Compensation Act.	1	1965–1965
Lumbermen's Mutual Casualty Co. v. Cook green ga · 1943 2 sentences 1955There was sufficient competent evidence to support the award of the director in favor of the claimant, and the judge of the superior court erred in setting aside the award of the full board, affirming the award of the hearing director." See also, as to the right of review, Lumbermen's Mutual Casualty Co. v. Cook, 195 Ga. 397 ( 24 S. E. 2d 309 ); Maryland Casualty Co. v. Pitman, 72 Ga. App. 838, 839 ( 35 S. E. 2d 319 ); Hartford Accident &c. 1955There was sufficient competent evidence to support the award of the director in favor of the claimant, and the judge of the superior court erred in setting aside the award of the full board, affirming the award of the hearing director." See also, as to the right of review, Lumbermen's Mutual Casualty Co. v. Cook, 195 Ga. 397 ( 24 S. E. 2d 309 ); Maryland Casualty Co. v. Pitman, 72 Ga. App. 838, 839 ( 35 S. E. 2d 319 ); Hartford Accident &c.	1	1955–1955
Hartford Accident & Indemnity Co. v. Carroll green gactapp · 1947 2 sentences 1955Co. v. Carroll, 75 Ga. App. 437 (1) ( 43 S. E. 2d 722 ). 1955Co. v. Carroll, 75 Ga. App. 437 (1) ( 43 S. E. 2d 722 ).	1	1955–1955
Snead v. State neutral gactapp · 1945 2 sentences 1955There was sufficient competent evidence to support the award of the director in favor of the claimant, and the judge of the superior court erred in setting aside the award of the full board, affirming the award of the hearing director.” See also, as to the right of review, Lumbermen’s Mutual Casualty Co. v. Cook, 195 Ga. 397 ( 24 S. E. 2d 309 ); Maryland Casualty Co. v. Pitman, 72 Ga. App. 838, 839 ( 35 S. E. 2d 319 ); Hartford Accident &c. 1955There was sufficient competent evidence to support the award of the director in favor of the claimant, and the judge of the superior court erred in setting aside the award of the full board, affirming the award of the hearing director." See also, as to the right of review, Lumbermen's Mutual Casualty Co. v. Cook, 195 Ga. 397 ( 24 S. E. 2d 309 ); Maryland Casualty Co. v. Pitman, 72 Ga. App. 838, 839 ( 35 S. E. 2d 319 ); Hartford Accident &c.	1	1955–1955
Wilson v. Swift & Co. green gactapp · 1942 2 sentences 1953It was held in Wilson v. Swift & Co., 68 Ga. App. 701 ( 23 S. E. 2d 261 ), that error on the part of the director in disregarding pertinent testimony in making his award, which testimony, if considered, would have authorized a contrary conclusion, is reversible. 1953It was held in Wilson v. Swift & Co., 68 Ga. App. 701 ( 23 S. E. 2d 261 ), that error on the part of the director in disregarding pertinent testimony in making his award, which testimony, if considered, would have authorized a contrary conclusion, is reversible.	1	1953–1953
Carswell v. Woodward Bros. neutral gactapp · 1928 2 sentences 1941The department was authorized, in addition to the compensation awarded, to assess damages in an amount not greater than ten per cent., and to fix reasonable attorney’s fees to be paid by the employer.” In support of their contention that Overton-Green and Safety Cab Company were not parts of the same business within the meaning of section 15 of the workmen’s compensation act, counsel for the plaintiff in error cite Carswell v. Woodward Brothers, 38 Ga. App. 152 ( 142 S. E. 907 ). 1941The department was authorized, in addition to the compensation awarded, to assess damages in an amount not greater than ten per cent., and to fix reasonable attorney’s fees to be paid by the employer.” In support of their contention that Overton-Green and Safety Cab Company were not parts of the same business within the meaning of section 15 of the workmen’s compensation act, counsel for the plaintiff in error cite Carswell v. Woodward Brothers, 38 Ga. App. 152 ( 142 S. E. 907 ).	1	1941–1941
Elliott Addressing Machine Co. v. Howard green gactapp · 1938 2 sentences 1941Where the commission in awarding compensation had assessed as the penalty an additional sum equal to ten per cent, of the'com 278 pensation awarded, the award was not error because the commission did not find that the employer had ‘wilfully’ neglected to comply with the provisions of the act; and where the employer had failed to comply with the provisions of section 66 of the act, such failure amounted to a refusal of the employer to so comply, and the award was not illegal upon the ground that it appeared that the employer did not ‘refuse’ to comply with the provisions of the act.” In Elliot 1941Where the commission in awarding compensation had assessed as the penalty an additional sum equal to ten per cent, of the'com 278 pensation awarded, the award was not error because the commission did not find that the employer had ‘wilfully’ neglected to comply with the provisions of the act; and where the employer had failed to comply with the provisions of section 66 of the act, such failure amounted to a refusal of the employer to so comply, and the award was not illegal upon the ground that it appeared that the employer did not ‘refuse’ to comply with the provisions of the act.” In Elliot	1	1941–1941
McCormack v. Shadburn neutral gactapp · 1930 2 sentences 1938Code, § 114-603; Jones v. Cochran, supra; McCormack v. Shadburn, 42 Ga. App. 352 ( 156 S. E. 277 ). 1938Code, § 114-603; Jones v. Cochran, supra; McCormack v. Shadburn, 42 Ga. App. 352 ( 156 S. E. 277 ).	1	1938–1938
Jones v. Cochran green gactapp · 1933 1 sentence 1938Code, § 114-603; Jones v. Cochran, supra; McCormack v. Shadburn, 42 Ga. App. 352 ( 156 S. E. 277 ).	1	1938–1938

Where else courts name it

CA 36 (1958–2025) IL 29 (1973–2023) PA 29 (1836–2020) NY 28 (1843–2026) CT 21 (1983–2013) TX 18 (1937–2020) LA 17 (1971–2014) AZ 17 (1945–2025) FL 17 (1959–2026) MI 16 (1935–2024) OH 14 (1959–2025) MO 13 (1939–2020) IN 12 (1943–2015) MA 12 (1977–2026) GA 12 (1938–2006) NC 12 (1874–2025) NM 9 (2002–2023) MD 8 (1974–2023) OR 8 (1979–2016) SC 8 (1940–2014) AK 8 (1974–2023) VA 7 (1933–2014) NJ 7 (1884–2025) WY 6 (1901–2015) VT 6 (1854–2024) AL 5 (1982–2015) MN 5 (1952–2012) WV 5 (1950–1992) WA 5 (1945–2003) CO 5 (1910–2025) MS 4 (1846–2003) UT 4 (1980–2014) DC 3 (1991–2019) KS 3 (1897–2020) OK 2 (1939–1993) TN 2 (2020–2022) HI 2 (1992–2012) RI 2 (2014–2017) ID 2 (1986–2007) NE 2 (2014–2015) WI 2 (1952–1999) KY 2 (1896–1985)

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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