party merely test (Georgia) · Go Syfert
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party merely test in Georgia

10 Georgia opinions name it 2 courts 1992–2026 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 (9)

CaseFollowedCited
Morgan v. Guaranty National Companiesgreen
ga · 1997 · cited in 2 Georgia opinions naming this issue, 2024–2026
2 sentences

2026Nat’l Cos., 268 Ga. 343, 345 ( 489 SE2d 803 ) (1997) (citation and punctuation omitted).

2024As our Supreme Court has made clear, “declaratory judgment is not available to a party merely to test the viability of its defenses.” Drawdy, 277 Ga. at 109 , citing Morgan, 268 Ga. at 345 .

12
Atlanta National League Baseball Club, Inc. v. F. F.green
gactapp · 2014 · cited in 2 Georgia opinions naming this issue, 2017–2025
2 sentences

2025League Baseball Club, 328 Ga. App. at 220 - 221 (“as both Georgia appellate courts have held, declaratory judgment is not available to a party merely to test the viability of that party’s defenses.”) (citations and punctuation omitted); Mitchell v. W.

2017League Baseball Club v. F. F., 328 Ga. App. 217, 220-221 ( 761 SE2d 613 ) (2014).

12
Drawdy v. Direct General Insurancegreen
ga · 2003 · cited in 2 Georgia opinions naming this issue, 2022–2024
2 sentences

2024As our Supreme Court has made clear, “declaratory judgment is not available to a party merely to test the viability of its defenses.” Drawdy, 277 Ga. at 109 , citing Morgan, 268 Ga. at 345 .

2022Co., 277 Ga. 107, 109 ( 586 SE2d 228 ) (2003) (“[D]eclaratory judgment is not available to a party merely to test the viability of its defenses.”).

12
Chattahoochee Bancorp, Inc. v. Robertsgreen
gactapp · 1992 · cited in 2 Georgia opinions naming this issue, 1994–1998
2 sentences

1998“A declaratory judgment is not available to a party merely to test the viability of its defenses.” (Citations and punctuation omitted.) Chattahoochee Bancorp v. Roberts, 203 Ga. App. 405, 406 ( 416 SE2d 875 ) (1992).

1998“A declaratory judgment is not available to a party merely to test the viability of its defenses.” (Citations and punctuation omitted.) Chattahoochee Bancorp v. Roberts, 203 Ga. App. 405, 406 ( 416 SE2d 875 ) (1992).

12
Sentry Insurance v. Majeedgreen
gactapp · 1990 · cited in 2 Georgia opinions naming this issue, 1994–1997
2 sentences

1997However, declaratory judgment is not available for resolving claims over Guaranty’s obligations under the policy because “declaratory judgment is not available to a party merely to test the viability of its defenses. [Cits.]” Sentry Ins. v. Majeed, 194 Ga. App. 276 ( 390 SE2d 269 ), aff’d 260 Ga. 203 ( 391 SE2d 649 ) (1990). [A] judgment has been obtained against an insurer’s putative insured, and the insure[r] now seeks a declaratory judgment that it is not liable under the policy.

1997However, declaratory judgment is not available for resolving claims over Guaranty’s obligations under the policy because “declaratory judgment is not available to a party merely to test the viability of its defenses. [Cits.]” Sentry Ins. v. Majeed, 194 Ga. App. 276 ( 390 SE2d 269 ), aff’d 260 Ga. 203 ( 391 SE2d 649 ) (1990). [A] judgment has been obtained against an insurer’s putative insured, and the insure[r] now seeks a declaratory judgment that it is not liable under the policy.

12
Mitchell v. W. S. Badcock Corp.green
gactapp · 1998 · cited in 1 Georgia opinions naming this issue, 2025–2025
2 sentences

2025S. Badcock Corp., 230 Ga. App. 352, 355 (3) ( 496 SE2d 502 ) (1998).

2025S. Badcock Corp., 230 Ga. App. 352, 355 (3) ( 496 SE2d 502 ) (1998).

11
Baker v. City of Mariettagreen
ga · 1999 · cited in 1 Georgia opinions naming this issue, 2022–2022
1 sentence

2022Thus, where a party seeking declaratory relief fails to show that he faces uncertainty or insecurity as to his future 5 conduct, the action must be dismissed; “otherwise, the trial court will be issuing an advisory opinion, and the Declaratory Judgment Act makes no provision for a judgment that would be ‘advisory.’” (Citation omitted.) Baker, 271 Ga. at 214 (1).

11
Allstate Insurance v. Shumangreen
gactapp · 1982 · cited in 1 Georgia opinions naming this issue, 1992–1992
2 sentences

1992Co. v. Shuman, 163 Ga. App. 313, 316 (4) ( 293 SE2d 868 ) (1982).

1992Co. v. Shuman, 163 Ga. App. 313, 316 (4) ( 293 SE2d 868 ) (1982).

11
Chastain v. United States Fidelity & Guaranty Co.green
gactapp · 1989 · cited in 1 Georgia opinions naming this issue, 1992–1992
2 sentences

1992Co., 190 Ga. App. 215, 216 (1) ( 378 SE2d 397 ) (1989) (Emphasis deleted.) “[A] declaratory judgment is not available to a party merely to test the viability of its defenses. [Cits.]” Allstate Ins.

1992Co., 190 Ga. App. 215, 216 (1) ( 378 SE2d 397 ) (1989) (Emphasis deleted.) “[A] declaratory judgment is not available to a party merely to test the viability of its defenses. [Cits.]” Allstate Ins.

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
Sentry Insurance v. Majeed green
ga · 1990
2 sentences

1997However, declaratory judgment is not available for resolving claims over Guaranty’s obligations under the policy because “declaratory judgment is not available to a party merely to test the viability of its defenses. [Cits.]” Sentry Ins. v. Majeed, 194 Ga. App. 276 ( 390 SE2d 269 ), aff’d 260 Ga. 203 ( 391 SE2d 649 ) (1990). [A] judgment has been obtained against an insurer’s putative insured, and the insure[r] now seeks a declaratory judgment that it is not liable under the policy.

1997However, declaratory judgment is not available for resolving claims over Guaranty’s obligations under the policy because “declaratory judgment is not available to a party merely to test the viability of its defenses. [Cits.]” Sentry Ins. v. Majeed, 194 Ga. App. 276 ( 390 SE2d 269 ), aff’d 260 Ga. 203 ( 391 SE2d 649 ) (1990). [A] judgment has been obtained against an insurer’s putative insured, and the insure[r] now seeks a declaratory judgment that it is not liable under the policy.

11997–1997

Statutes the citing opinions construe

GA § 9-4-1 (6) GA § 9-4-2 (5)

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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