12 Georgia opinions name it 1 courts 1937–2025 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.
| Case | Followed | Cited |
|---|---|---|
United States v. Charles Gatesgreen2 sentences2019Nevertheless, “a court has the power to rule that a witness is incapable of testifying[.]” United States v. Gates, 10 F3d 765, 766 (I) (11th Cir. 1993) (construing Fed. 2019Under OCGA § 29-4-1 (a), a “court may appoint a guardian for an adult only if the court finds the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning his health or safety.” This is not one of the statutory exceptions to OCGA § 24-6-601, which, as stated above, provides that “every person is competent to be a witness.” (Emphasis supplied.) In fact, “Rule 601 allows one not mentally competent to testify, and it assumes that jurors are capable of evaluating a witness’s testimony in light of the fact that he is not mentally competent, [although] a co | 1 | 1 |
Doman v. Stapletongreen2 sentences2019Assn. 2018) (available at https://www.adr.org/sites/default/files/Construction_Arbitration_Rules_7May2018.pdf); see also Doman v. Stapleton , 256 Ga.App. 383 , 390 (2), 568 S.E.2d 509 (2002) (identical AAA rule in a different type of dispute). 2019Assn. 2018) (available at https://www.adr.org/sites/default/files/Construction_Arbitration_Rules_7May2018.pdf); see also Doman v. Stapleton , 256 Ga.App. 383 , 390 (2), 568 S.E.2d 509 (2002) (identical AAA rule in a different type of dispute). | 1 | 1 |
DeClue v. City of Claytongreen2 sentences2001See DeClue v. City of Clayton, 246 Ga. App. 487, 493 (5) ( 540 SE2d 675 ) (2000). 2001See DeClue v. City of Clayton, 246 Ga. App. 487, 493 (5) ( 540 SE2d 675 ) (2000). | 1 | 1 |
Harrison v. SOUTHERN TALC COMPANYgreen2 sentences1987See, e.g., Harrison v. Southern Talc Co., 245 Ga. 212, 213 (3) ( 264 SE2d 2 ) (1980); Transport Ins. 1987See, e.g., Harrison v. Southern Talc Co., 245 Ga. 212, 213 (3) ( 264 SE2d 2 ) (1980); Transport Ins. | 1 | 1 |
Lancaster v. Brandtgreen2 sentences1943Lancaster v. Brandt, 64 Ga. App. 429, 431 ( 13 S. E. 2d, 516 ). 1943Lancaster v. Brandt, 64 Ga. App. 429, 431 ( 13 S. E. 2d, 516 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
International Paper Company v. Kight
neutral
2 sentences1975"A judgment which is not final, and not among those specified [in § 6-701], is appealable only where the trial judge within ten days of its entry certifies it for immediate review.” International Paper Co. v. Right, 230 Ga. 720 ( 198 SE2d 681 ). 3. 1975"A judgment which is not final, and not among those specified [in § 6-701], is appealable only where the trial judge within ten days of its entry certifies it for immediate review.” International Paper Co. v. Right, 230 Ga. 720 ( 198 SE2d 681 ). 3. | 2 | 1973–1975 |
First Options of Chicago, Inc. v. Kaplan
green
1 sentence2025Id. | 1 | 2025–2025 |
Kemiron Atlantic, Inc. v. Aguakem International, Inc.
green
1 sentence2024As the Supreme Court of Texas recently explained after a thorough analysis of nationwide law, “the fact that the parties’ arbitration agreement may cover only some disputes while carving out others does not affect the fact that the delegation agreement clearly and unmistakenly requires the arbitrator to decide whether the present disputes must be resolved through 16 The Eleventh Circuit’s decision in Kemiron Atlantic, Inc. v. Aguakem Intl., 290 F3d 1287 (11th Cir. 2002), cited by the contractor in its brief, does not require a different result as that case did not address the arbitrator’s juri | 1 | 2024–2024 |
Company of Kingston v. Latona Trucking, Inc.
green
1 sentence2024Appx. 786, 789-790 (II) (A) (11th Cir. 2012) (rejecting argument that arbitrator should decide issue of 8 conduct-based waiver based on AAA rule stating that the “arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement”); In re S&R Co. of Kingston v. Latona Trucking, 159 F3d 80 , 85-86 (III) (2nd Cir. 1998) (court not precluded from finding that a party waived arbitration by actively participating in litigation by AAA Rule stating “[n]o judicial proceeding by a party relating | 1 | 2024–2024 |
Gibson v. Huffman
green
2 sentences2005The parties stipulated that the arbitration rules in the record governed the arbitration claims in this proceeding, and Rule 1 (a) provides that “[t]he parties shall be deemed to have made these rules a part of their arbitration agreement whenever they have provided for arbitration by the [AAA] without specifying particular rules.” Rule 7 (a) provides that “[t]he arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement.” “A trial court’s exercise of discretion in granting an in 2005The parties stipulated that the arbitration rules in the record governed the arbitration claims in this proceeding, and Rule 1 (a) provides that “[t]he parties shall be deemed to have made these rules a part of their arbitration agreement whenever they have provided for arbitration by the [AAA] without specifying particular rules.” Rule 7 (a) provides that “[t]he arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement.” “A trial court’s exercise of discretion in granting an in | 1 | 2005–2005 |
In re Hall County Grand Jury Proceedings
neutral
1 sentence1993In re Hall County Grand Jury Proceedings, 255 Ga. 241 ( 338 SE2d 864 ); Brown u. | 1 | 1993–1993 |
Beckworth v. Beckworth
green
1 sentence1993In re Hall County Grand Jury Proceedings, 255 Ga. 241 ( 338 SE2d 864 ); Brown u. | 1 | 1993–1993 |
Wright v. State
neutral
2 sentences1937A. § 112, it is declared that “No civil suit shall be brought in any district court against any person by any original process [italics ours] or proceeding in any other district than that whereof he is an inhabitant; but where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant.” Jurisdiction itself is a term that is defined to be “the power of hearing and determining causes and doing justice in matters of complaint.” Wright v. State, 16 Ga. App 1937A. § 112, it is declared that “No civil suit shall be brought in any district court against any person by any original process [italics ours] or proceeding in any other district than that whereof he is an inhabitant; but where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant.” Jurisdiction itself is a term that is defined to be “the power of hearing and determining causes and doing justice in matters of complaint.” Wright v. State, 16 Ga. App | 1 | 1937–1937 |
Garfield Oil Mills v. Stephens
green
2 sentences1937“The jurisdiction of a court is determined by its power or its lack of power to deal with a plaintiff’s petition.” Garfield Oil Mills v. Stephens, 16 Ga. App. 655 ( 85 S. E. 983 ). 1937“The jurisdiction of a court is determined by its power or its lack of power to deal with a plaintiff’s petition.” Garfield Oil Mills v. Stephens, 16 Ga. App. 655 ( 85 S. E. 983 ). | 1 | 1937–1937 |
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.