party seeking waiver in Georgia

2021See Cohen v. Cohen, 300 Ga. App. 7, 8 (1) ( 684 SE2d 94 ) (2009); Taylor v. Curl, 298 Ga. App. 45 ( 679 SE2d 80 ) (2009).

2021See Cohen v. Cohen, 300 Ga. App. 7, 8 (1) ( 684 SE2d 94 ) (2009); Taylor v. Curl, 298 Ga. App. 45 ( 679 SE2d 80 ) (2009).

2015System of Georgia v. Canas, 295 Ga. App. 505, 509 (3) ( 672 SE2d 471 ) (2009) (citation and punctuation omitted).

2015Factual findings are sustained if there is evidence supporting them, and the burden of proof is on the party seeking the waiver of immunity.” Board of Regents &c. of Georgia v. Canas, 295 Ga. App. 505, 509 (3) ( 672 SE2d 47 ) (2009) (citation and punctuation omitted).

2013Factual findings are sustained if there is evidence supporting them, and the burden of proof is on the party seeking the waiver of immunity.” (Citations and punctuation omitted.) Ga. Dept. of Transp. v. Smith, 314 Ga. App. 412, 413 ( 724 SE2d 430 ) (2012).

2013Factual findings are sustained if there is evidence supporting them, and the burden of proof is on the party seeking the waiver of immunity.” (Citations and punctuation omitted.) Ga. Dept. of Transp. v. Smith, 314 Ga. App. 412, 413 ( 724 SE2d 430 ) (2012).

2022See Lacy v. Lacy, 320 Ga. App. 739, 742 (3) ( 740 SE2d 695 ) (2013); Taylor v. Curl, 298 Ga. App. 45, 45 ( 679 SE2d 80 ) (2009).

2022See Lacy v. Lacy, 320 Ga. App. 739, 742 (3) ( 740 SE2d 695 ) (2013); Taylor v. Curl, 298 Ga. App. 45, 45 ( 679 SE2d 80 ) (2009).

2018"However, factual findings by the trial court in support of its legal decision are sustained if there is evidence authorizing them, and the burden of proof is on the party seeking the waiver of immunity." Loehle v. Ga. Dept. of Public Safety , 334 Ga. App. 836 , 836-37, 780 S.E.2d 469 (2015) (citations omitted).

2018"However, factual findings by the trial court in support of its legal decision are sustained if there is evidence authorizing them, and the burden of proof is on the party seeking the waiver of immunity." Loehle v. Ga. Dept. of Public Safety , 334 Ga. App. 836 , 836-37, 780 S.E.2d 469 (2015) (citations omitted).

2023Sys. of Ga. v. Daniels, 264 Ga. 328, 329 ( 446 SE2d 735 ) (1994) (explaining that the party seeking to benefit from the waiver of sovereign immunity has the burden of proving waiver); Jenkins, 347 Ga. App. at 449 (“The trial court’s factual findings will, of course, be sustained if there is evidence supporting them, and the burden of proof is on the party seeking the waiver of immunity.” (punctuation omitted)); Williams, 341 Ga. App. at 290 (same). 6 Ashby, 354 Ga. App. at 864; see Conway v. Jones, 353 Ga. App. 110 , 111 (1) ( 836 SE2d 538 ) (2019) (“Any suit against the State barred by sovere

2023Sys. of Ga. v. Daniels, 264 Ga. 328, 329 ( 446 SE2d 735 ) (1994) (explaining that the party seeking to benefit from the waiver of sovereign immunity has the burden of proving waiver); Jenkins, 347 Ga. App. at 449 (“The trial court’s factual findings will, of course, be sustained if there is evidence supporting them, and the burden of proof is on the party seeking the waiver of immunity.” (punctuation omitted)); Williams, 341 Ga. App. at 290 (same). 6 Ashby, 354 Ga. App. at 864; see Conway v. Jones, 353 Ga. App. 110 , 111 (1) ( 836 SE2d 538 ) (2019) (“Any suit against the State barred by sovere

2023Sys. of Ga. v. Daniels, 264 Ga. 328, 329 ( 446 SE2d 735 ) (1994) (explaining that the party seeking to benefit from the waiver of sovereign immunity has the burden of proving waiver); Jenkins, 347 Ga. App. at 449 (“The trial court’s factual findings will, of course, be sustained if there is evidence supporting them, and the burden of proof is on the party seeking the waiver of immunity.” (punctuation omitted)); Williams, 341 Ga. App. at 290 (same). 6 Ashby, 354 Ga. App. at 864; see Conway v. Jones, 353 Ga. App. 110 , 111 (1) ( 836 SE2d 538 ) (2019) (“Any suit against the State barred by sovere

2020Sys. of Ga. v. Daniels, 264 Ga. 328, 328 ( 446 SE2d 735 ) (1994) (explaining that the party seeking to benefit from the waiver of sovereign immunity has the burden of proving waiver); Jenkins, 347 Ga. App. at 449 (“The trial court’s factual findings will, of course, be sustained if there is evidence supporting them, and the burden of proof is on the party seeking the waiver of immunity.” (punctuation omitted)); Williams, 341 Ga. App. at 290 (same). 6 Cameron v. Lang, 274 Ga. 122, 126 (2) ( 549 SE2d 341 ) (2001); accord Drumm v. George, 345 Ga. App. 760 , 762 ( 814 SE2d 575 ) (2018); Watts v. C

2023Health, 312 Ga. 438 ( 863 SE2d 99 ) (2021); see also Handberry v. Stuckey Timberland, Inc., 345 Ga. App. 191 , 191 ( 812 SE2d 547 ) (2018) (“On appeal of a trial court’s ruling on a motion to dismiss, our review is de novo.”). 3 the party seeking the waiver of immunity has the burden of proof.”5 Specifically, suits brought against the State which are barred by sovereign immunity are subject to OCGA § 9-11-12 (b) (1) dismissal for lacking subject-matter jurisdiction;6 and like the State, counties are also protected by sovereign immunity.7 Suffice it to say, 5 Ashby, 354 Ga. App. at 864; see Ga.

2023Health, 312 Ga. 438 ( 863 SE2d 99 ) (2021); see also Handberry v. Stuckey Timberland, Inc., 345 Ga. App. 191 , 191 ( 812 SE2d 547 ) (2018) (“On appeal of a trial court’s ruling on a motion to dismiss, our review is de novo.”). 3 the party seeking the waiver of immunity has the burden of proof.”5 Specifically, suits brought against the State which are barred by sovereign immunity are subject to OCGA § 9-11-12 (b) (1) dismissal for lacking subject-matter jurisdiction;6 and like the State, counties are also protected by sovereign immunity.7 Suffice it to say, 5 Ashby, 354 Ga. App. at 864; see Ga.

2023Sys. of Ga. v. Daniels, 264 Ga. 328, 329 ( 446 SE2d 735 ) (1994) (explaining that the party seeking to benefit from the waiver of sovereign immunity has the burden of proving waiver); Jenkins, 347 Ga. App. at 449 (“The trial court’s factual findings will, of course, be sustained if there is evidence supporting them, and the burden of proof is on the party seeking the waiver of immunity.” (punctuation omitted)); Williams, 341 Ga. App. at 290 (same). 6 Ashby, 354 Ga. App. at 864; see Conway v. Jones, 353 Ga. App. 110 , 111 (1) ( 836 SE2d 538 ) (2019) (“Any suit against the State barred by sovere

2020Sys. of Ga. v. Daniels, 264 Ga. 328, 328 ( 446 SE2d 735 ) (1994) (explaining that the party seeking to benefit from the waiver of sovereign immunity has the burden of proving waiver); Jenkins, 347 Ga. App. at 449 (“The trial court’s factual findings will, of course, be sustained if there is evidence supporting them, and the burden of proof is on the party seeking the waiver of immunity.” (punctuation omitted)); Williams, 341 Ga. App. at 290 (same). 6 Cameron v. Lang, 274 Ga. 122, 126 (2) ( 549 SE2d 341 ) (2001); accord Drumm v. George, 345 Ga. App. 760 , 762 ( 814 SE2d 575 ) (2018); Watts v. C

2022See Lacy v. Lacy, 320 Ga. App. 739, 742 (3) ( 740 SE2d 695 ) (2013); Taylor v. Curl, 298 Ga. App. 45, 45 ( 679 SE2d 80 ) (2009).

2022See Lacy v. Lacy, 320 Ga. App. 739, 742 (3) ( 740 SE2d 695 ) (2013); Taylor v. Curl, 298 Ga. App. 45, 45 ( 679 SE2d 80 ) (2009).

2021Factual findings are sustained if there is evidence supporting them[.]” (punctuation omitted)); see also Ga. Dep’t of Natural Res. v. Ctr. for a Sustainable Coast, Inc., 294 Ga. 593, 596 (2) ( 755 SE2d 184 ) (2014) (noting that the issue of sovereign immunity is a question of law which is reviewed de novo). 2 See Ga. Dep’t of Labor v. RTT Assoc., Inc., 299 Ga. 78, 81 (1) ( 786 SE2d 840 ) (2016); O’Donnell, 352 Ga. App. at 651 (“[T]he burden of proof is on the party seeking the waiver of immunity.” (punctuation omitted)). 2 Billue and Christopher Monica—were tragically killed with their own ser

2021Factual findings are sustained if there is evidence supporting them[.]” (punctuation omitted)); see also Ga. Dep’t of Natural Res. v. Ctr. for a Sustainable Coast, Inc., 294 Ga. 593, 596 (2) ( 755 SE2d 184 ) (2014) (noting that the issue of sovereign immunity is a question of law which is reviewed de novo). 2 See Ga. Dep’t of Labor v. RTT Assoc., Inc., 299 Ga. 78, 81 (1) ( 786 SE2d 840 ) (2016); O’Donnell, 352 Ga. App. at 651 (“[T]he burden of proof is on the party seeking the waiver of immunity.” (punctuation omitted)). 2 Billue and Christopher Monica—were tragically killed with their own ser

2019System of Ga., 326 Ga. App. 315, 315 ( 757 SE2d 138 ) (2014) (footnote and punctuation omitted).

2019System of Ga., 326 Ga. App. 315, 315 ( 757 SE2d 138 ) (2014) (footnote and punctuation omitted).

2019(Citations and footnotes omitted.) Dept. of Human Resources v. Johnson, 264 Ga. App. 730, 731 ( 592 SE2d 124 ) (2003); see also Bonner v. Peterson, 301 Ga. App. 443, 443 ( 687 SE2d 676 ) (2009) (reviewing a trial court’s findings as to its subject- 2 matter jurisdiction concerning a state-employed physician’s entitlement to official immunity “under the any evidence rule”) (citation omitted).

2019(Citations and footnotes omitted.) Dept. of Human Resources v. Johnson, 264 Ga. App. 730, 731 ( 592 SE2d 124 ) (2003); see also Bonner v. Peterson, 301 Ga. App. 443, 443 ( 687 SE2d 676 ) (2009) (reviewing a trial court’s findings as to its subject- 2 matter jurisdiction concerning a state-employed physician’s entitlement to official immunity “under the any evidence rule”) (citation omitted).

2015However, factual findings by the trial court in support of its legal decision are sustained if there is evidence authorizing them, and the burden of proof is on the party seeking the waiver of immunity.” (Citations omitted.) Ga. Dept. of Human Resources v. Johnson, 264 Ga. App. 730, 731 ( 592 SE2d 124 ) (2003).

2015However, factual findings by the trial court in support of its legal decision are sustained if there is evidence authorizing them, and the burden of proof is on the party seeking the waiver of immunity.” (Citations omitted.) Ga. Dept. of Human Resources v. Johnson, 264 Ga. App. 730, 731 ( 592 SE2d 124 ) (2003).

2015See Edge v. Edge, 290 Ga. 551, 552 (1) ( 722 SE2d 749 ) (2012).

2015See Edge v. Edge, 290 Ga. 551, 552 (1) ( 722 SE2d 749 ) (2012).

2023Safety v. Johnson, 343 Ga. App. 22, 23 ( 806 SE2d 195 ) (2017) (same). 7 Ashby, 354 Ga. App. at 864; see See Gilbert v. Richardson, 264 Ga. 744, 747 (2) ( 452 SE2d 476 ) (1994) (“Absent any evidence that the legislature intended a different interpretation or to indicate that the electorate did not intend to extend sovereign immunity to counties, we hold the 1991 amendments extension of sovereign immunity to ‘the state and its departments and agencies’ must also apply to counties.”); Layer v. Barrow Cty., 297 Ga. 871, 871 (1) ( 778 SE2d 156 ) (2015) (“As a general rule, counties enjoy sovereign

2023Safety v. Johnson, 343 Ga. App. 22, 23 ( 806 SE2d 195 ) (2017) (same). 7 Ashby, 354 Ga. App. at 864; see See Gilbert v. Richardson, 264 Ga. 744, 747 (2) ( 452 SE2d 476 ) (1994) (“Absent any evidence that the legislature intended a different interpretation or to indicate that the electorate did not intend to extend sovereign immunity to counties, we hold the 1991 amendments extension of sovereign immunity to ‘the state and its departments and agencies’ must also apply to counties.”); Layer v. Barrow Cty., 297 Ga. 871, 871 (1) ( 778 SE2d 156 ) (2015) (“As a general rule, counties enjoy sovereign

2023Safety v. Johnson, 343 Ga. App. 22, 23 ( 806 SE2d 195 ) (2017) (same). 7 Ashby, 354 Ga. App. at 864; see See Gilbert v. Richardson, 264 Ga. 744, 747 (2) ( 452 SE2d 476 ) (1994) (“Absent any evidence that the legislature intended a different interpretation or to indicate that the electorate did not intend to extend sovereign immunity to counties, we hold the 1991 amendments extension of sovereign immunity to ‘the state and its departments and agencies’ must also apply to counties.”); Layer v. Barrow Cty., 297 Ga. 871, 871 (1) ( 778 SE2d 156 ) (2015) (“As a general rule, counties enjoy sovereign

2023Safety v. Johnson, 343 Ga. App. 22, 23 ( 806 SE2d 195 ) (2017) (same). 7 Ashby, 354 Ga. App. at 864; see See Gilbert v. Richardson, 264 Ga. 744, 747 (2) ( 452 SE2d 476 ) (1994) (“Absent any evidence that the legislature intended a different interpretation or to indicate that the electorate did not intend to extend sovereign immunity to counties, we hold the 1991 amendments extension of sovereign immunity to ‘the state and its departments and agencies’ must also apply to counties.”); Layer v. Barrow Cty., 297 Ga. 871, 871 (1) ( 778 SE2d 156 ) (2015) (“As a general rule, counties enjoy sovereign

2023Safety v. Johnson, 343 Ga. App. 22, 23 ( 806 SE2d 195 ) (2017) (same). 7 Ashby, 354 Ga. App. at 864; see See Gilbert v. Richardson, 264 Ga. 744, 747 (2) ( 452 SE2d 476 ) (1994) (“Absent any evidence that the legislature intended a different interpretation or to indicate that the electorate did not intend to extend sovereign immunity to counties, we hold the 1991 amendments extension of sovereign immunity to ‘the state and its departments and agencies’ must also apply to counties.”); Layer v. Barrow Cty., 297 Ga. 871, 871 (1) ( 778 SE2d 156 ) (2015) (“As a general rule, counties enjoy sovereign

2023Safety v. Johnson, 343 Ga. App. 22, 23 ( 806 SE2d 195 ) (2017) (same). 7 Ashby, 354 Ga. App. at 864; see See Gilbert v. Richardson, 264 Ga. 744, 747 (2) ( 452 SE2d 476 ) (1994) (“Absent any evidence that the legislature intended a different interpretation or to indicate that the electorate did not intend to extend sovereign immunity to counties, we hold the 1991 amendments extension of sovereign immunity to ‘the state and its departments and agencies’ must also apply to counties.”); Layer v. Barrow Cty., 297 Ga. 871, 871 (1) ( 778 SE2d 156 ) (2015) (“As a general rule, counties enjoy sovereign

2023Health, 312 Ga. 438 ( 863 SE2d 99 ) (2021); see also Handberry v. Stuckey Timberland, Inc., 345 Ga. App. 191 , 191 ( 812 SE2d 547 ) (2018) (“On appeal of a trial court’s ruling on a motion to dismiss, our review is de novo.”). 3 the party seeking the waiver of immunity has the burden of proof.”5 Specifically, suits brought against the State which are barred by sovereign immunity are subject to OCGA § 9-11-12 (b) (1) dismissal for lacking subject-matter jurisdiction;6 and like the State, counties are also protected by sovereign immunity.7 Suffice it to say, 5 Ashby, 354 Ga. App. at 864; see Ga.

2023Safety v. Johnson, 343 Ga. App. 22, 23 ( 806 SE2d 195 ) (2017) (same). 7 Ashby, 354 Ga. App. at 864; see See Gilbert v. Richardson, 264 Ga. 744, 747 (2) ( 452 SE2d 476 ) (1994) (“Absent any evidence that the legislature intended a different interpretation or to indicate that the electorate did not intend to extend sovereign immunity to counties, we hold the 1991 amendments extension of sovereign immunity to ‘the state and its departments and agencies’ must also apply to counties.”); Layer v. Barrow Cty., 297 Ga. 871, 871 (1) ( 778 SE2d 156 ) (2015) (“As a general rule, counties enjoy sovereign

2023Safety v. Johnson, 343 Ga. App. 22, 23 ( 806 SE2d 195 ) (2017) (same). 7 Ashby, 354 Ga. App. at 864; see See Gilbert v. Richardson, 264 Ga. 744, 747 (2) ( 452 SE2d 476 ) (1994) (“Absent any evidence that the legislature intended a different interpretation or to indicate that the electorate did not intend to extend sovereign immunity to counties, we hold the 1991 amendments extension of sovereign immunity to ‘the state and its departments and agencies’ must also apply to counties.”); Layer v. Barrow Cty., 297 Ga. 871, 871 (1) ( 778 SE2d 156 ) (2015) (“As a general rule, counties enjoy sovereign

2023Safety v. Johnson, 343 Ga. App. 22, 23 ( 806 SE2d 195 ) (2017) (same). 7 Ashby, 354 Ga. App. at 864; see See Gilbert v. Richardson, 264 Ga. 744, 747 (2) ( 452 SE2d 476 ) (1994) (“Absent any evidence that the legislature intended a different interpretation or to indicate that the electorate did not intend to extend sovereign immunity to counties, we hold the 1991 amendments extension of sovereign immunity to ‘the state and its departments and agencies’ must also apply to counties.”); Layer v. Barrow Cty., 297 Ga. 871, 871 (1) ( 778 SE2d 156 ) (2015) (“As a general rule, counties enjoy sovereign

2023Safety v. Johnson, 343 Ga. App. 22, 23 ( 806 SE2d 195 ) (2017) (same). 7 Ashby, 354 Ga. App. at 864; see See Gilbert v. Richardson, 264 Ga. 744, 747 (2) ( 452 SE2d 476 ) (1994) (“Absent any evidence that the legislature intended a different interpretation or to indicate that the electorate did not intend to extend sovereign immunity to counties, we hold the 1991 amendments extension of sovereign immunity to ‘the state and its departments and agencies’ must also apply to counties.”); Layer v. Barrow Cty., 297 Ga. 871, 871 (1) ( 778 SE2d 156 ) (2015) (“As a general rule, counties enjoy sovereign

2022See, e. g., Caldwell v. Meadows, 312 Ga. App. 70, 76-77 (4) ( 717 SE2d 668 ) (2011), disapproved in part on other grounds by Mathenia v. Brumbelow, 308 Ga. 714, 723 (3) (b), n. 14 ( 843 SE2d 582 ) (2020).

2022See, e. g., Caldwell v. Meadows, 312 Ga. App. 70, 76-77 (4) ( 717 SE2d 668 ) (2011), disapproved in part on other grounds by Mathenia v. Brumbelow, 308 Ga. 714, 723 (3) (b), n. 14 ( 843 SE2d 582 ) (2020).

2022See, e. g., Caldwell v. Meadows, 312 Ga. App. 70, 76-77 (4) ( 717 SE2d 668 ) (2011), disapproved in part on other grounds by Mathenia v. Brumbelow, 308 Ga. 714, 723 (3) (b), n. 14 ( 843 SE2d 582 ) (2020).

2022See, e. g., Caldwell v. Meadows, 312 Ga. App. 70, 76-77 (4) ( 717 SE2d 668 ) (2011), disapproved in part on other grounds by Mathenia v. Brumbelow, 308 Ga. 714, 723 (3) (b), n. 14 ( 843 SE2d 582 ) (2020).

2021See also City of Tybee Island v. Harrod, 337 Ga. App. 523, 524 ( 788 SE2d 122 ) (2016) (“Sovereign immunity of a municipality is not an affirmative defense, going to the merits of the case, but raises the issue of the trial court’s subject matter jurisdiction to try the case, and waiver of sovereign immunity must be established by the party seeking to benefit from that waiver[.]”) (citation and punctuation omitted). 2 Under Georgia law, municipal corporations are immune from suit pursuant to Article IX, Section II, Paragraph IX of the Constitution of the State of Georgia, unless that immunity

2021See also City of Tybee Island v. Harrod, 337 Ga. App. 523, 524 ( 788 SE2d 122 ) (2016) (“Sovereign immunity of a municipality is not an affirmative defense, going to the merits of the case, but raises the issue of the trial court’s subject matter jurisdiction to try the case, and waiver of sovereign immunity must be established by the party seeking to benefit from that waiver[.]”) (citation and punctuation omitted). 2 Under Georgia law, municipal corporations are immune from suit pursuant to Article IX, Section II, Paragraph IX of the Constitution of the State of Georgia, unless that immunity

2020“The doctrine of official immunity in its current form originates with the ratification and enactment of a constitutional amendment generally reinstating sovereign immunity to the State.” Shekhawat v. Jones, 293 Ga. 468, 469 (1) ( 746 SE2d 89 ) (2013).

2020“The doctrine of official immunity in its current form originates with the ratification and enactment of a constitutional amendment generally reinstating sovereign immunity to the State.” Shekhawat v. Jones, 293 Ga. 468, 469 (1) ( 746 SE2d 89 ) (2013).

2020Factual findings are sustained if there is [any] evidence supporting them, and the burden of proof is on the party seeking the waiver of immunity.” (Citation and punctuation omitted.) Ga. Dept. of Transp. v. Owens, 330 Ga. App. 123, 133 (4) ( 766 SE2d 569 ) (2014).

2020Factual findings are sustained if there is [any] evidence supporting them, and the burden of proof is on the party seeking the waiver of immunity.” (Citation and punctuation omitted.) Ga. Dept. of Transp. v. Owens, 330 Ga. App. 123, 133 (4) ( 766 SE2d 569 ) (2014).

2020Sys. of Ga. v. Daniels, 264 Ga. 328, 328 ( 446 SE2d 735 ) (1994) (explaining that the party seeking to benefit from the waiver of sovereign immunity has the burden of proving waiver); Jenkins, 347 Ga. App. at 449 (“The trial court’s factual findings will, of course, be sustained if there is evidence supporting them, and the burden of proof is on the party seeking the waiver of immunity.” (punctuation omitted)); Williams, 341 Ga. App. at 290 (same). 6 Cameron v. Lang, 274 Ga. 122, 126 (2) ( 549 SE2d 341 ) (2001); accord Drumm v. George, 345 Ga. App. 760 , 762 ( 814 SE2d 575 ) (2018); Watts v. C

2020Sys. of Ga. v. Daniels, 264 Ga. 328, 328 ( 446 SE2d 735 ) (1994) (explaining that the party seeking to benefit from the waiver of sovereign immunity has the burden of proving waiver); Jenkins, 347 Ga. App. at 449 (“The trial court’s factual findings will, of course, be sustained if there is evidence supporting them, and the burden of proof is on the party seeking the waiver of immunity.” (punctuation omitted)); Williams, 341 Ga. App. at 290 (same). 6 Cameron v. Lang, 274 Ga. 122, 126 (2) ( 549 SE2d 341 ) (2001); accord Drumm v. George, 345 Ga. App. 760 , 762 ( 814 SE2d 575 ) (2018); Watts v. C

2020Sys. of Ga. v. Daniels, 264 Ga. 328, 328 ( 446 SE2d 735 ) (1994) (explaining that the party seeking to benefit from the waiver of sovereign immunity has the burden of proving waiver); Jenkins, 347 Ga. App. at 449 (“The trial court’s factual findings will, of course, be sustained if there is evidence supporting them, and the burden of proof is on the party seeking the waiver of immunity.” (punctuation omitted)); Williams, 341 Ga. App. at 290 (same). 6 Cameron v. Lang, 274 Ga. 122, 126 (2) ( 549 SE2d 341 ) (2001); accord Drumm v. George, 345 Ga. App. 760 , 762 ( 814 SE2d 575 ) (2018); Watts v. C

2020See id.; see also Wilson v. State, 277 Ga. 195, 198 (2) ( 586 SE2d 669 ) (2003) (right to evidentiary hearing on motion for new trial is waived by failure to request one).

2020See id.; see also Wilson v. State, 277 Ga. 195, 198 (2) ( 586 SE2d 669 ) (2003) (right to evidentiary hearing on motion for new trial is waived by failure to request one).