injured party claim (Georgia) · Go Syfert
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injured party claim in Georgia

8 Georgia opinions name it 2 courts 1980–2021 1 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 (5)

CaseFollowedCited
GE Capital Mortgage Services, Inc. v. Clackgreen
ga · 1999 · cited in 5 Georgia opinions naming this issue, 2002–2009
2 sentences

2009Thus, "the rule in this state [is] that defects in following the notice provisions of the tax sale statute may give an injured party a claim for damages, but will not render the tax sale or the deed therefrom void," GE Capital Mortgage Svcs., Inc. v. Clack, 271 Ga. 82, 83 , 515 S.E.2d 619 (1999) (citing Sizemore v. Brown, 179 Ga.App. 594 , 347 S.E.2d 345 (1986)), and we recently reiterated that "any failure to provide the appropriate tax notice would not serve as a basis for nullifying the ultimate tax sale," Davis v. Harpagon Co., 281 Ga. 250, 252 , 637 S.E.2d 1 (2006).

2009Thus, "the rule in this state [is] that defects in following the notice provisions of the tax sale statute may give an injured party a claim for damages, but will not render the tax sale or the deed therefrom void," GE Capital Mortgage Svcs., Inc. v. Clack, 271 Ga. 82, 83 , 515 S.E.2d 619 (1999) (citing Sizemore v. Brown, 179 Ga.App. 594 , 347 S.E.2d 345 (1986)), and we recently reiterated that "any failure to provide the appropriate tax notice would not serve as a basis for nullifying the ultimate tax sale," Davis v. Harpagon Co., 281 Ga. 250, 252 , 637 S.E.2d 1 (2006).

45
Johnny Wilson v. Clark Atlanta University, Inc.green
gactapp · 2016 · cited in 1 Georgia opinions naming this issue, 2021–2021
1 sentence

2021See Wilson, 339 Ga. App. at 834 (2) (c) (concluding that even if list of reasons for layoffs of professors contained in handbook was not an exhaustive list, the canons of ejusdem generis and noscitur a sociis still placed limits on the reasons that the university was authorized to give for laying off professors). 50 “Generally, the fact that an indemnitee has settled or compromised the underlying tort action brought by the injured party does not bar the indemnitee from pursuing a claim for indemnification or contribution from a third-party indemnitor.” U.S. Lawns v. Cutting Edge Landscaping, 3

11
US Lawns v. Cutting Edge Landscapinggreen
gactapp · 2011 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021See Wilson, 339 Ga. App. at 834 (2) (c) (concluding that even if list of reasons for layoffs of professors contained in handbook was not an exhaustive list, the canons of ejusdem generis and noscitur a sociis still placed limits on the reasons that the university was authorized to give for laying off professors). 50 “Generally, the fact that an indemnitee has settled or compromised the underlying tort action brought by the injured party does not bar the indemnitee from pursuing a claim for indemnification or contribution from a third-party indemnitor.” U.S. Lawns v. Cutting Edge Landscaping, 3

2021See Wilson, 339 Ga. App. at 834 (2) (c) (concluding that even if list of reasons for layoffs of professors contained in handbook was not an exhaustive list, the canons of ejusdem generis and noscitur a sociis still placed limits on the reasons that the university was authorized to give for laying off professors). 50 “Generally, the fact that an indemnitee has settled or compromised the underlying tort action brought by the injured party does not bar the indemnitee from pursuing a claim for indemnification or contribution from a third-party indemnitor.” U.S. Lawns v. Cutting Edge Landscaping, 3

11
Davis v. Harpagon Co., LLCgreen
ga · 2006 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009Thus, "the rule in this state [is] that defects in following the notice provisions of the tax sale statute may give an injured party a claim for damages, but will not render the tax sale or the deed therefrom void," GE Capital Mortgage Svcs., Inc. v. Clack, 271 Ga. 82, 83 , 515 S.E.2d 619 (1999) (citing Sizemore v. Brown, 179 Ga.App. 594 , 347 S.E.2d 345 (1986)), and we recently reiterated that "any failure to provide the appropriate tax notice would not serve as a basis for nullifying the ultimate tax sale," Davis v. Harpagon Co., 281 Ga. 250, 252 , 637 S.E.2d 1 (2006).

2009Thus, "the rule in this state [is] that defects in following the notice provisions of the tax sale statute may give an injured party a claim for damages, but will not render the tax sale or the deed therefrom void," GE Capital Mortgage Svcs., Inc. v. Clack, 271 Ga. 82, 83 , 515 S.E.2d 619 (1999) (citing Sizemore v. Brown, 179 Ga.App. 594 , 347 S.E.2d 345 (1986)), and we recently reiterated that "any failure to provide the appropriate tax notice would not serve as a basis for nullifying the ultimate tax sale," Davis v. Harpagon Co., 281 Ga. 250, 252 , 637 S.E.2d 1 (2006).

11
Dougherty County v. Hornsbygreen
ga · 1957 · cited in 1 Georgia opinions naming this issue, 1980–1980
2 sentences

1980In Dougherty County v. Hornsby, 213 Ga. 114, 117 (1) ( 97 SE2d 300 ), in the construction of certain curbing “to and in front of petitioner’s property which impaired the means of ingress and egress thereto, thereby depreciating its market value and damaging his property for public purposes without just and adequate compensation being first paid,” has been held to entitle the injured party to a claim for damages.

1980In Dougherty County v. Hornsby, 213 Ga. 114, 117 (1) ( 97 SE2d 300 ), in the construction of certain curbing “to and in front of petitioner’s property which impaired the means of ingress and egress thereto, thereby depreciating its market value and damaging his property for public purposes without just and adequate compensation being first paid,” has been held to entitle the injured party to a claim for damages.

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
Sizemore v. Brown neutral
gactapp · 1986
2 sentences

2009Thus, "the rule in this state [is] that defects in following the notice provisions of the tax sale statute may give an injured party a claim for damages, but will not render the tax sale or the deed therefrom void," GE Capital Mortgage Svcs., Inc. v. Clack, 271 Ga. 82, 83 , 515 S.E.2d 619 (1999) (citing Sizemore v. Brown, 179 Ga.App. 594 , 347 S.E.2d 345 (1986)), and we recently reiterated that "any failure to provide the appropriate tax notice would not serve as a basis for nullifying the ultimate tax sale," Davis v. Harpagon Co., 281 Ga. 250, 252 , 637 S.E.2d 1 (2006).

2009Thus, "the rule in this state [is] that defects in following the notice provisions of the tax sale statute may give an injured party a claim for damages, but will not render the tax sale or the deed therefrom void," GE Capital Mortgage Svcs., Inc. v. Clack, 271 Ga. 82, 83 , 515 S.E.2d 619 (1999) (citing Sizemore v. Brown, 179 Ga.App. 594 , 347 S.E.2d 345 (1986)), and we recently reiterated that "any failure to provide the appropriate tax notice would not serve as a basis for nullifying the ultimate tax sale," Davis v. Harpagon Co., 281 Ga. 250, 252 , 637 S.E.2d 1 (2006).

21999–2009

Statutes the citing opinions construe

GA § 48-4-45 (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

CT 25 (1967–2021) TX 16 (1981–2018) LA 15 (1968–2025) NY 8 (1959–2015) GA 8 (1980–2021) MD 7 (1972–2020) PA 4 (1954–2015) KS 4 (1924–2004) KY 4 (1900–2023) FL 4 (1967–2022) CA 4 (1971–2017) NC 3 (1958–2001) NJ 3 (1958–2022) IA 3 (1926–1935) ID 2 (1990–2012) CO 2 (1991–2018) WI 2 (1926–1981) IL 2 (1966–1984)

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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