laches is an equitable defense (Georgia) · Go Syfert
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laches is an equitable defense in Georgia

8 Georgia opinions name it 2 courts 1986–2021 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 (4)

CaseFollowedCited
Stuckey v. Stormsgreen
ga · 1995 · cited in 2 Georgia opinions naming this issue, 2006–2007
2 sentences

2007See, e.g., Stuckey v. Storms, 265 Ga. 491 (1) ( 458 SE2d 344 ) (1995); Jones v. Douglas County, 262 Ga. 317 (1) (a) ( 418 SE2d 19 ) (1992).

2007See, e.g., Stuckey v. Storms, 265 Ga. 491 (1) ( 458 SE2d 344 ) (1995); Jones v. Douglas County, 262 Ga. 317 (1) (a) ( 418 SE2d 19 ) (1992).

22
Vatacs Group, Inc. v. Homeside Lending, Inc.green
ga · 2006 · cited in 3 Georgia opinions naming this issue, 2010–2014
2 sentences

2014“It is a longstanding and well-established rule that the doctrine of laches is an equitable defense which is not applicable to actions at law, which include declaratory judgment actions.” (Citations omitted.) Id. at. 50-51. 4 We note that “a party entering into a purchase and assumption agreement with the FDIC assumes the failed bank’s liabilities only to the extent called for in the contract.” Ala. Dept. of Revenue v. FDIC, 840 FSupp.2d 1305, 1309 (M.D.

2014“It is a longstanding and well-established rule that the doctrine of laches is an equitable defense which is not applicable to actions at law, which include declaratory judgment actions.” (Citations omitted.) Id. at 50-51 .

13
DBL, INC. v. Carsongreen
gactapp · 2007 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021See DBL, Inc. v. Carson, 284 Ga. App. 898, 906 (4) ( 645 SE2d 56 ) (2007).

2021See DBL, Inc. v. Carson, 284 Ga. App. 898, 906 (4) ( 645 SE2d 56 ) (2007).

11
Robinson v. Boydgreen
ga · 2010 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019But, this conclusion of law is incorrect. “[I]t is a longstanding and well-established rule that the doctrine of laches is an equitable defense which is not applicable to actions at law.” (Citation and punctuation omitted.) Robinson v. Boyd, 288 Ga. 53, 57-58 (3) ( 701 SE2d 165 ) (2010).

2019But, this conclusion of law is incorrect. “[I]t is a longstanding and well-established rule that the doctrine of laches is an equitable defense which is not applicable to actions at law.” (Citation and punctuation omitted.) Robinson v. Boyd, 288 Ga. 53, 57-58 (3) ( 701 SE2d 165 ) (2010).

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
Jones v. Douglas County green
ga · 1992
2 sentences

2007See, e.g., Stuckey v. Storms, 265 Ga. 491 (1) ( 458 SE2d 344 ) (1995); Jones v. Douglas County, 262 Ga. 317 (1) (a) ( 418 SE2d 19 ) (1992).

2007See, e.g., Stuckey v. Storms, 265 Ga. 491 (1) ( 458 SE2d 344 ) (1995); Jones v. Douglas County, 262 Ga. 317 (1) (a) ( 418 SE2d 19 ) (1992).

22006–2007
Ray v. City of Dalton green
ga · 1940
2 sentences

1986OCGA § 9-5-2; Ray v. City of Dalton, 191 Ga. 46 ( 11 SE2d 193 ).

1986OCGA § 9-5-2; Ray v. City of Dalton, 191 Ga. 46 ( 11 SE2d 193 ).

11986–1986

Where else courts name it

PA 22 (1957–2025) NY 9 (2000–2025) GA 8 (1986–2021) OH 2 (2002–2003) NC 2 (1974–2018) UT 2 (1996–2013) TX 2 (2017–2026)

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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