absence of legal error in Georgia

52 Georgia opinions name it 1 courts 1931–2023 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 (22)

Case	Followed	Cited
Thompson v. Hillgreen gactapp · 1977 · cited in 13 Georgia opinions naming this issue, 1978–1994 2 sentences 1989“In the absence of legal error, an appellate court is without jurisdiction [or authority] to interfere with a verdict supported with some evidence, even where the verdict may be against the preponderance of evidence.” Thompson v. Hill, 143 Ga. App. 272, 276 ( 238 SE2d 271 ) (1977). 1989“In the absence of legal error, an appellate court is without jurisdiction [or authority] to interfere with a verdict supported with some evidence, even where the verdict may be against the preponderance of evidence.” Thompson v. Hill, 143 Ga. App. 272, 276 ( 238 SE2d 271 ) (1977).	13	13
Archie v. Scottgreen gactapp · 1989 · cited in 4 Georgia opinions naming this issue, 1991–2001 2 sentences 2000Where the trial court hears evidence, considers briefs and arguments and thereafter in the exercise of its discretion renders a judgment on a motion, in the absence of legal error, the sole question for determination is whether there is any evidence to authorize and support that exercise of discretion. 753 (Citations and punctuation omitted.) Archie v. Scott, 190 Ga. App. 145, 147 (3) ( 378 SE2d 182 ) (1989). 2000Where the trial court hears evidence, considers briefs and arguments and thereafter in the exercise of its discretion renders a judgment on a motion, in the absence of legal error, the sole question for determination is whether there is any evidence to authorize and support that exercise of discretion. 753 (Citations and punctuation omitted.) Archie v. Scott, 190 Ga. App. 145, 147 (3) ( 378 SE2d 182 ) (1989).	4	4
Sledge v. Peach Countygreen gactapp · 2005 · cited in 4 Georgia opinions naming this issue, 2006–2009 2 sentences 2009In the absence of legal error, an appellate court is without jurisdiction to interfere with a judgment supported by some evidence. 170 (Citations and footnotes omitted.) Sledge v. Peach County, 276 Ga. App. 780, 781-782 ( 624 SE2d 288 ) (2005). 2009In the absence of legal error, an appellate court is without jurisdiction to interfere with a judgment supported by some evidence. 170 (Citations and footnotes omitted.) Sledge v. Peach County, 276 Ga. App. 780, 781-782 ( 624 SE2d 288 ) (2005).	3	4
Wilson v. Barnardgreen gactapp · 1911 · cited in 5 Georgia opinions naming this issue, 1931–1995 2 sentences 1948“This court has repeatedly ruled that, in the absence of legal error, it has no jurisdiction to interfere with a verdict supported by some evidence, although the verdict was against the preponderance of the evidence.” Wilson v. Barnard, 10 Ga. App. 98, 99 (8) ( 72 S. E. 943 ). 1948“This court has repeatedly ruled that, in the absence of legal error, it has no jurisdiction to interfere with a verdict supported by some evidence, although the verdict was against the preponderance of the evidence.” Wilson v. Barnard, 10 Ga. App. 98, 99 (8) ( 72 S. E. 943 ).	2	5
North Fulton Regional Hospital v. Pearce-Williamsgreen gactapp · 2011 · cited in 2 Georgia opinions naming this issue, 2013–2013 2 sentences 2013Williams v. Butler, 322 Ga. App. 220 ( 744 SE2d 396 ) (2013); see also N. Fulton Regional Hosp. v. Pearce-Williams, 312 Ga. App. 388, 390 ( 718 SE2d 583 ) (2011) (physical precedent only); Trent Tube v. Hurston, 261 Ga. App. 525 ( 583 SE2d 198 ) (2003). 2013Williams v. Butler, 322 Ga. App. 220 ( 744 SE2d 396 ) (2013); see also N. Fulton Regional Hosp. v. Pearce-Williams, 312 Ga. App. 388, 390 ( 718 SE2d 583 ) (2011) (physical precedent only); Trent Tube v. Hurston, 261 Ga. App. 525 ( 583 SE2d 198 ) (2003).	2	2
Walker v. Bruno's, Inc.green gactapp · 1997 · cited in 2 Georgia opinions naming this issue, 2002–2003 2 sentences 2003“Generally, in the absence of legal error, this Court affirms civil awards that are supported by any evidence.” C & F Svcs. v. First 168 Southern Bank, 258 Ga. App. 71, 76 (3) ( 573 SE2d 102 ) (2002), citing Walker v. Bruno’s, Inc., 228 Ga. App. 589, 590 (1) ( 492 SE2d 336 ) (1997). 2003“Generally, in the absence of legal error, this Court affirms civil awards that are supported by any evidence.” C & F Svcs. v. First 168 Southern Bank, 258 Ga. App. 71, 76 (3) ( 573 SE2d 102 ) (2002), citing Walker v. Bruno’s, Inc., 228 Ga. App. 589, 590 (1) ( 492 SE2d 336 ) (1997).	2	2
Williams v. Stankowitzgreen gactapp · 1979 · cited in 2 Georgia opinions naming this issue, 1983–1990 2 sentences 1990See Simpson, supra. "We will not weigh the evidence, and in fact are precluded from doing so. [Cits.] In the absence of legal error, an appellate court is without jurisdiction to interfere with a verdict supported by some evidence even where the verdict may be against the preponderance of the evidence. [Cits.] We will not speculate as to what evidence the jury chose to believe or disbelieve; on appeal, this court is bound to construe the evidence with every inference and presumption being in favor of upholding the jury's verdict, and after the verdict is approved by the trial judge, the eviden 1990See Simpson, supra. "We will not weigh the evidence, and in fact are precluded from doing so. [Cits.] In the absence of legal error, an appellate court is without jurisdiction to interfere with a verdict supported by some evidence even where the verdict may be against the preponderance of the evidence. [Cits.] We will not speculate as to what evidence the jury chose to believe or disbelieve; on appeal, this court is bound to construe the evidence with every inference and presumption being in favor of upholding the jury's verdict, and after the verdict is approved by the trial judge, the eviden	2	2
Pembrook Management, Inc. v. Cossaboongreen gactapp · 1981 · cited in 2 Georgia opinions naming this issue, 1988–1989 2 sentences 1988The burden of proving negligence was on the plaintiffs; and “[i]n the absence of legal error, an appellate court is without jurisdiction to interfere with a verdict supported by some evidence. . . .” Pembrook Mgt. v. Cossaboon, 157 Ga. App. 675, 676 ( 278 SE2d 100 ) (1981). 1988The burden of proving negligence was on the plaintiffs; and “[i]n the absence of legal error, an appellate court is without jurisdiction to interfere with a verdict supported by some evidence. . . .” Pembrook Mgt. v. Cossaboon, 157 Ga. App. 675, 676 ( 278 SE2d 100 ) (1981).	2	2
Dumas & Associates v. Naleczgreen gactapp · 2001 · cited in 1 Georgia opinions naming this issue, 2004–2004 2 sentences 2004In the absence of legal error, an appellate court is without jurisdiction to interfere with a verdict supported by some evidence even where the verdict may be against the preponderance of the evidence.” Dumas & Assoc. v. Nalecz, 249 Ga. App. 662, 663 ( 549 SE2d 730 ) (2001). 2 In re J. 2004In the absence of legal error, an appellate court is without jurisdiction to interfere with a verdict supported by some evidence even where the verdict may be against the preponderance of the evidence.” Dumas & Assoc. v. Nalecz, 249 Ga. App. 662, 663 ( 549 SE2d 730 ) (2001). 2 In re J.	1	1
C & F SERVICES, INC. v. First Southern Bankgreen gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2003–2003 2 sentences 2003“Generally, in the absence of legal error, this Court affirms civil awards that are supported by any evidence.” C & F Svcs. v. First 168 Southern Bank, 258 Ga. App. 71, 76 (3) ( 573 SE2d 102 ) (2002), citing Walker v. Bruno’s, Inc., 228 Ga. App. 589, 590 (1) ( 492 SE2d 336 ) (1997). 2003“Generally, in the absence of legal error, this Court affirms civil awards that are supported by any evidence.” C & F Svcs. v. First 168 Southern Bank, 258 Ga. App. 71, 76 (3) ( 573 SE2d 102 ) (2002), citing Walker v. Bruno’s, Inc., 228 Ga. App. 589, 590 (1) ( 492 SE2d 336 ) (1997).	1	1
Kemira, Inc. v. Williams Investigative & Security Services, Inc.green gactapp · 1994 · cited in 1 Georgia opinions naming this issue, 1999–1999 2 sentences 1999Svcs., 215 Ga. App. 194, 197 (1) (b) ( 450 SE2d 427 ) (1994). 1999Svcs., 215 Ga. App. 194, 197 (1) (b) ( 450 SE2d 427 ) (1994).	1	1
Daughtry v. Chaney-Bush Irrigation, Inc.green gactapp · 1983 · cited in 1 Georgia opinions naming this issue, 1997–1997 2 sentences 1997In the absence of legal error, an appellate court is without jurisdiction to interfere with a verdict supported by some evidence.” Id. at 676 ; compare Daughtry v. Chaney-Bush Irrigation, 166 Ga. App. 708 ( 305 SE2d 439 ). 1997In the absence of legal error, an appellate court is without jurisdiction to interfere with a verdict supported by some evidence.” Id. at 676 ; compare Daughtry v. Chaney-Bush Irrigation, 166 Ga. App. 708 ( 305 SE2d 439 ).	1	1
Mizell v. Spiresgreen gactapp · 1978 · cited in 1 Georgia opinions naming this issue, 1994–1994 2 sentences 1994Thompson v. Hill, 143 Ga. App. 272, 276 ( 238 SE2d 271 ).” Mizell v. Spires, 146 Ga. App. 330, 331 (1) ( 246 SE2d 385 ). 1994Thompson v. Hill, 143 Ga. App. 272, 276 ( 238 SE2d 271 ).” Mizell v. Spires, 146 Ga. App. 330, 331 (1) ( 246 SE2d 385 ).	1	1
McCall v. Metropolitan Atlanta Rapid Transit Authoritygreen gactapp · 1989 · cited in 1 Georgia opinions naming this issue, 1993–1993 2 sentences 1993(Cit.)’ [Cit.]” McCall v. MARTA, 192 Ga. App. 105, 106 (2) ( 384 SE2d 215 ) (1989); OCGA § 51-12-12. 2. 1993(Cit.)’ [Cit.]” McCall v. MARTA, 192 Ga. App. 105, 106 (2) ( 384 SE2d 215 ) (1989); OCGA § 51-12-12. 2.	1	1
Stone v. Cookgreen gactapp · 1989 · cited in 1 Georgia opinions naming this issue, 1990–1990 2 sentences 1990We find that in view of this evidence, the trial court properly submitted both the issue of negligence and that of damages to the jury, which returned a verdict in favor of appellee. “ ‘In the absence of legal error, an appellate court is without jurisdiction (or authority) to interfere with a verdict supported with some evidence, even where the verdict may be against the preponderance of evidence.’ [Cit.]” Stone v. Cook, 190 Ga. App. 11, 14 (1) ( 378 SE2d 142 ) (1989). 2. 1990We find that in view of this evidence, the trial court properly submitted both the issue of negligence and that of damages to the jury, which returned a verdict in favor of appellee. “ ‘In the absence of legal error, an appellate court is without jurisdiction (or authority) to interfere with a verdict supported with some evidence, even where the verdict may be against the preponderance of evidence.’ [Cit.]” Stone v. Cook, 190 Ga. App. 11, 14 (1) ( 378 SE2d 142 ) (1989). 2.	1	1
Cohutta Mills, Inc. v. Bunchgreen gactapp · 1983 · cited in 1 Georgia opinions naming this issue, 1989–1989 2 sentences 1989Where the trial court hears evidence, considers briefs and arguments and thereafter in the exercise of its discretion renders a judgment on a motion, in the absence of legal error, the sole question for determination is whether there is any evidence to authorize and support that exercise of discretion.” Cohutta Mills v. Bunch, 166 Ga. App. 395, 397 ( 304 SE2d 431 ) (1983). 1989Where the trial court hears evidence, considers briefs and arguments and thereafter in the exercise of its discretion renders a judgment on a motion, in the absence of legal error, the sole question for determination is whether there is any evidence to authorize and support that exercise of discretion.” Cohutta Mills v. Bunch, 166 Ga. App. 395, 397 ( 304 SE2d 431 ) (1983).	1	1
Exxon Corp. v. Butlergreen gactapp · 1984 · cited in 1 Georgia opinions naming this issue, 1985–1985 2 sentences 1985In fact with reference to actions in an appropriate trial forum tried upon the facts without a jury, it has been held consistently that even though the findings of fact and conclusions of law contended for by the appellant would have been authorized by the evidence presented on the trial, yet, where the facts found by the trial court were authorized by the evidence, such findings will not be set aside. [Cit.] In the absence of legal error ... an appellate court is without jurisdiction to interfere with the judgment supported by some evidence even when the judgment may be against the prepondera 1985In fact with reference to actions in an appropriate trial forum tried upon the facts without a jury, it has been held consistently that even though the findings of fact and conclusions of law contended for by the appellant would have been authorized by the evidence presented on the trial, yet, where the facts found by the trial court were authorized by the evidence, such findings will not be set aside. [Cit.] In the absence of legal error ... an appellate court is without jurisdiction to interfere with the judgment supported by some evidence even when the judgment may be against the prepondera	1	1
Gill v. Catrettgreen gactapp · 1980 · cited in 1 Georgia opinions naming this issue, 1984–1984 2 sentences 1984Gill v. Catrett, 153 Ga. App. 726, 728 ( 266 SE2d 362 ) (1980). 1984Gill v. Catrett, 153 Ga. App. 726, 728 ( 266 SE2d 362 ) (1980).	1	1
State v. Tuzmangreen gactapp · 1978 · cited in 1 Georgia opinions naming this issue, 1982–1982 2 sentences 1982See State v. Tuzman, 145 Ga. App. 481, 483 ( 243 SE2d 675 ); Hopkins v. Allen, 123 Ga. App. 330 ( 180 SE2d 919 ). 1982See State v. Tuzman, 145 Ga. App. 481, 483 ( 243 SE2d 675 ); Hopkins v. Allen, 123 Ga. App. 330 ( 180 SE2d 919 ).	1	1
Northcutt v. Crowegreen gactapp · 1967 · cited in 1 Georgia opinions naming this issue, 1977–1977	1	1
Harrison v. Douglasgreen gactapp · 1915 · cited in 1 Georgia opinions naming this issue, 1948–1948	1	1
Davis v. Skinnergreen gactapp · 1915 · cited in 1 Georgia opinions naming this issue, 1948–1948	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (15)

Case	Cited	Years
Trent Tube v. Hurston green gactapp · 2003 2 sentences 2013Williams v. Butler, 322 Ga. App. 220 ( 744 SE2d 396 ) (2013); see also N. Fulton Regional Hosp. v. Pearce-Williams, 312 Ga. App. 388, 390 ( 718 SE2d 583 ) (2011) (physical precedent only); Trent Tube v. Hurston, 261 Ga. App. 525 ( 583 SE2d 198 ) (2003). 2013Williams v. Butler, 322 Ga. App. 220 ( 744 SE2d 396 ) (2013); see also N. Fulton Regional Hosp. v. Pearce-Williams, 312 Ga. App. 388, 390 ( 718 SE2d 583 ) (2011) (physical precedent only); Trent Tube v. Hurston, 261 Ga. App. 525 ( 583 SE2d 198 ) (2003).	3	2010–2013
Durdin v. Taylor green gactapp · 1981 2 sentences 1997In the absence of legal error, an appellate court is without jurisdiction to interfere with a verdict supported by some evidence.” Id. at 676 ; compare Daughtry v. Chaney-Bush Irrigation, 166 Ga. App. 708 ( 305 SE2d 439 ). 1983Again plaintiff has filed a motion to dismiss in this court, contending that in the absence of legal error an appellate court would be without jurisdiction to interfere with a verdict supported by some evidence, citing Durdin v. Taylor, 159 Ga. App. 675 ( 285 SE2d 51 ); and Thompson v. Hill, 143 Ga. App. 272, 276 ( 238 SE2d 271 ).	2	1983–1997
Hightower v. Scarborough green gactapp · 1949 2 sentences 1995The decisions ... to the contrary . . were rendered prior to the constitutional amendment restricting the jurisdiction of [the Supreme Court of Georgia] and this court to the decision of errors of law and equity, and are not now in point.’ Wilson v. Barnard, 10 Ga. App. 98 (8) ( 72 SE 943 ).” Black v. Duncan, 79 Ga. App. 342 ( 53 SE2d 726 ). 1995The decisions ... to the contrary . . were rendered prior to the constitutional amendment restricting the jurisdiction of [the Supreme Court of Georgia] and this court to the decision of errors of law and equity, and are not now in point.’ Wilson v. Barnard, 10 Ga. App. 98 (8) ( 72 SE 943 ).” Black v. Duncan, 79 Ga. App. 342 ( 53 SE2d 726 ).	2	1967–1995
Trax-Fax, Inc. v. Hobba green gactapp · 2006 2 sentences 2023Our review of the State Board’s application of law to these undisputed facts is de novo.4 Through the March 14, 2020 Order Declaring Statewide Judicial Emergency,5 the Chief Justice suspend[ed], toll[ed], extend[ed], and otherwise grant[ed] relief from any deadlines or other time schedules or filing requirements imposed by otherwise applicable statutes, rules, regulations, or court orders, whether in civil or criminal cases or administrative matters, including but not limited to: (1) statute of limitation; . . . and (11) such other legal proceedings as determined to be necessary by the authori 2023Our review of the State Board’s application of law to these undisputed facts is de novo.4 Through the March 14, 2020 Order Declaring Statewide Judicial Emergency,5 the Chief Justice suspend[ed], toll[ed], extend[ed], and otherwise grant[ed] relief from any deadlines or other time schedules or filing requirements imposed by otherwise applicable statutes, rules, regulations, or court orders, whether in civil or criminal cases or administrative matters, including but not limited to: (1) statute of limitation; . . . and (11) such other legal proceedings as determined to be necessary by the authori	1	2023–2023
Metropolitan Atlanta Rapid Transit Authority v. Thompson green gactapp · 2014 2 sentences 2017MARTA v. Thompson, 326 Ga. App. 631 ( 757 SE2d 228 ) (2014). 2017MARTA v. Thompson, 326 Ga. App. 631 ( 757 SE2d 228 ) (2014).	1	2017–2017
Williams v. Butler green gactapp · 2013 2 sentences 2013Williams v. Butler, 322 Ga. App. 220 ( 744 SE2d 396 ) (2013); see also N. Fulton Regional Hosp. v. Pearce-Williams, 312 Ga. App. 388, 390 ( 718 SE2d 583 ) (2011) (physical precedent only); Trent Tube v. Hurston, 261 Ga. App. 525 ( 583 SE2d 198 ) (2003). 2013Williams v. Butler, 322 Ga. App. 220 ( 744 SE2d 396 ) (2013); see also N. Fulton Regional Hosp. v. Pearce-Williams, 312 Ga. App. 388, 390 ( 718 SE2d 583 ) (2011) (physical precedent only); Trent Tube v. Hurston, 261 Ga. App. 525 ( 583 SE2d 198 ) (2003).	1	2013–2013
McLendon v. Advertising That Works green gactapp · 2008 2 sentences 2009(Punctuation and footnote omitted.) McLendon v. Advertising That Works, 292 Ga. App. 677 -678 ( 665 SE2d 370 ) (2008). 2009(Punctuation and footnote omitted.) McLendon v. Advertising That Works, 292 Ga. App. 677 -678 ( 665 SE2d 370 ) (2008).	1	2009–2009
Wilkinson v. Udinsky green gactapp · 2000 2 sentences 2002“On the issue of improper service, the court is the trier of fact, and in the absence of legal error, we are without jurisdiction to interfere with a verdict supported by some evidence.” (Footnote omitted.) Wilkinson v. Udinsky, 242 Ga. App. 464 (1) ( 530 SE2d 215 ) (2000). 2002“On the issue of improper service, the court is the trier of fact, and in the absence of legal error, we are without jurisdiction to interfere with a verdict supported by some evidence.” (Footnote omitted.) Wilkinson v. Udinsky, 242 Ga. App. 464 (1) ( 530 SE2d 215 ) (2000).	1	2002–2002
Mills v. Berlex Laboratories, Inc. green gactapp · 1999 1 sentence 2000“In the absence of legal error, an appellate court is without jurisdiction to interfere with [a] judgment supported by some evidence.” (Citations and punctuation omitted.) Id.	1	2000–2000
Martin v. Children's Sesame, Inc. green gactapp · 1988 2 sentences 1990The record presents sufficient evidence to support the verdicts for appellant as to appellee Knight and against appellant as to appellee Comer, and “ ‘(i)n the absence of legal error, an appellate court is without jurisdiction to interfere with a verdict supported by some evidence. . . .’ [Cit.]” Martin v. Children’s Sesame, 188 Ga. App. 242 (3) ( 372 SE2d 648 ) (1988). 1990The record presents sufficient evidence to support the verdicts for appellant as to appellee Knight and against appellant as to appellee Comer, and “ ‘(i)n the absence of legal error, an appellate court is without jurisdiction to interfere with a verdict supported by some evidence. . . .’ [Cit.]” Martin v. Children’s Sesame, 188 Ga. App. 242 (3) ( 372 SE2d 648 ) (1988).	1	1990–1990
Hopkins v. Allen neutral gactapp · 1971 2 sentences 1982See State v. Tuzman, 145 Ga. App. 481, 483 ( 243 SE2d 675 ); Hopkins v. Allen, 123 Ga. App. 330 ( 180 SE2d 919 ). 1982See State v. Tuzman, 145 Ga. App. 481, 483 ( 243 SE2d 675 ); Hopkins v. Allen, 123 Ga. App. 330 ( 180 SE2d 919 ).	1	1982–1982
Powell v. Bigley green ga · 1853	1	1977–1977
Page v. Page green ga · 1962	1	1977–1977
Thompson v. Fouts green ga · 1948	1	1967–1967
Smith v. State green gactapp · 1957	1	1967–1967

Statutes the citing opinions construe

GA § 9-11-9.1 (5) GA § 13-6-11 (3) GA § 9-11-50 (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

GA 52 (1931–2023) NY 5 (1896–1979) LA 5 (1985–2020) TX 4 (1936–2024) CA 3 (2014–2018) NC 3 (2014–2014) AZ 2 (1947–1947) ND 2 (1968–1970)

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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