Fowler claim (Georgia) · Go Syfert
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Fowler claim in Georgia

5 Georgia opinions name it 1 courts 2004–2025 3 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 (6)

CaseFollowedCited
NORMAN v. XYTEX CORPORATIONgreen
ga · 2020 · cited in 1 Georgia opinions naming this issue, 2025–2025
2 sentences

2025At this stage of the proceeding, it was premature to conclude that Fowler cannot prove this claim under 11 See Racette v. Bank of America, N.A., 318 Ga. App. 171, 176-178 (1) (a) (ii) ( 733 SE2d 457 ) (2012) (holding that it was premature to dismiss a claim for bid chilling based on the facts alleged within the framework of the complaint). 12 (Citations and punctuation omitted.) Norman v. Xytex Corp., 310 Ga. 127, 130-131 (2) ( 848 SE2d 835 ) (2020). 8 any set of facts within the framework of the amended complaint.13 Accordingly, we affirm the dismissal with respect to Fowler’s claim seeking t

2025At this stage of the proceeding, it was premature to conclude that Fowler cannot prove this claim under 11 See Racette v. Bank of America, N.A., 318 Ga. App. 171, 176-178 (1) (a) (ii) ( 733 SE2d 457 ) (2012) (holding that it was premature to dismiss a claim for bid chilling based on the facts alleged within the framework of the complaint). 12 (Citations and punctuation omitted.) Norman v. Xytex Corp., 310 Ga. 127, 130-131 (2) ( 848 SE2d 835 ) (2020). 8 any set of facts within the framework of the amended complaint.13 Accordingly, we affirm the dismissal with respect to Fowler’s claim seeking t

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Racette v. Bank of America, N.A.green
gactapp · 2012 · cited in 1 Georgia opinions naming this issue, 2025–2025
2 sentences

2025At this stage of the proceeding, it was premature to conclude that Fowler cannot prove this claim under 11 See Racette v. Bank of America, N.A., 318 Ga. App. 171, 176-178 (1) (a) (ii) ( 733 SE2d 457 ) (2012) (holding that it was premature to dismiss a claim for bid chilling based on the facts alleged within the framework of the complaint). 12 (Citations and punctuation omitted.) Norman v. Xytex Corp., 310 Ga. 127, 130-131 (2) ( 848 SE2d 835 ) (2020). 8 any set of facts within the framework of the amended complaint.13 Accordingly, we affirm the dismissal with respect to Fowler’s claim seeking t

2025At this stage of the proceeding, it was premature to conclude that Fowler cannot prove this claim under 11 See Racette v. Bank of America, N.A., 318 Ga. App. 171, 176-178 (1) (a) (ii) ( 733 SE2d 457 ) (2012) (holding that it was premature to dismiss a claim for bid chilling based on the facts alleged within the framework of the complaint). 12 (Citations and punctuation omitted.) Norman v. Xytex Corp., 310 Ga. 127, 130-131 (2) ( 848 SE2d 835 ) (2020). 8 any set of facts within the framework of the amended complaint.13 Accordingly, we affirm the dismissal with respect to Fowler’s claim seeking t

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Cowart v. Widenergreen
ga · 2010 · cited in 1 Georgia opinions naming this issue, 2023–2023
1 sentence

2023Because Greenprints has pointed to evidence negating an essential element of Fowler’s claim of tortious interference with business relations, Fowler “cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue.” Cowart, supra at 623 (1) (a) (citation and punctuation omitted).

11
Cook v. Stategreen
ga · 2022 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022Recently, the Supreme Court eliminated the out-of-time appeal procedure in trial courts, holding that a trial court is “without jurisdiction to decide [a] motion for out-of-time appeal” on the merits because “there was and is no legal authority for motions for out-of-time appeal in trial courts.” Cook v. State, 313 Ga. 471, 506 (5) ( 870 SE2d 758 ) (2022).

2022Recently, the Supreme Court eliminated the out-of-time appeal procedure in trial courts, holding that a trial court is “without jurisdiction to decide [a] motion for out-of-time appeal” on the merits because “there was and is no legal authority for motions for out-of-time appeal in trial courts.” Cook v. State, 313 Ga. 471, 506 (5) ( 870 SE2d 758 ) (2022).

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Hannah v. Stategreen
gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2008–2008
2 sentences

2008See Hannah v. State, 280 Ga. App. 230, 232-234 (1) ( 633 SE2d 800 ) (2006) (the court properly denied Hannah’s motion to suppress when Hannah was involved in an accident involving serious injuries, there was probable cause to believe he was under the influence of alcohol, and a formal arrest prior to reading the implied consent notice was not warranted because Hannah was receiving medical care for his injuries). 2.

2008See Hannah v. State, 280 Ga. App. 230, 232-234 (1) ( 633 SE2d 800 ) (2006) (the court properly denied Hannah’s motion to suppress when Hannah was involved in an accident involving serious injuries, there was probable cause to believe he was under the influence of alcohol, and a formal arrest prior to reading the implied consent notice was not warranted because Hannah was receiving medical care for his injuries). 2.

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Segars v. Clelandgreen
gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2004–2004
2 sentences

2004Under OCGA § 51-12-5.1 (b), punitive damages may be awarded in a tort action if the plaintiff proves by clear and convincing evidence that “the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” Segars v. Cleland, 255 Ga. App. 293, 296 ( 564 SE2d 874 ) (2002).

2004Under OCGA § 51-12-5.1 (b), punitive damages may be awarded in a tort action if the plaintiff proves by clear and convincing evidence that “the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” Segars v. Cleland, 255 Ga. App. 293, 296 ( 564 SE2d 874 ) (2002).

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Distinguished, questioned or overruled (0)

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

Where else courts name it

CA 8 (1978–2026) GA 5 (2004–2025) FL 3 (1983–2011) LA 3 (2007–2016) OH 3 (2014–2025) WA 2 (2005–2023) SC 2 (1996–2009) IN 2 (2016–2026) TX 2 (2018–2024) MS 2 (1990–2020) PA 2 (2001–2025)

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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