TAYLOR GREENWALD, II v. GLYNN COUNTY BOARD OF TAX ASSESSORS

Court: Ga. Ct. App. | Date Filed: 2024-02-05T00:00:00-08:00

Snippet: of Revenue (“DOR”) has adopted regulations, compiled as an “Appraisal Procedures Manual” (“APM”), to assist county tax officials in appraising tangible real and personal property for ad valorem tax purposes. Ga. Comp. R. & Regs. r. 560-11-10-.01 (1). The APM defines taxable “real property” as “the bundle of rights, interests, and benefits connected with the ownership of real estate. Real property does not include the intangible benefits associated with the ownership of real estate, such

In the Matter of Marsha Williams Mignott

Court: Ga. | Date Filed: 2023-10-24T00:00:00-07:00

Snippet: client- lawyer relationship with respect to a matter. Even when no client-lawyer relationship ensues, the restrictions and exceptions of these Rules as to use or revelation of the information apply, e.g., Rules 1.9 and 1.10.[1] 1 Rule 1.6 provides in relevant part that a lawyer “shall maintain in confidence all information gained in the professional relationship with a client,” unless the lawyer receives the client’s informed consent. GRPC 1.6 (a). The Bar did not charge

UNIVERSAL HEALTH SERVICES, INC. v. LORI BELINDA HICKS

Court: Ga. Ct. App. | Date Filed: 2022-06-17T00:00:00-07:00

Snippet: defined, the word “victim” is used in its ordinary sense — referring to the person acted on — and is distinct from family members or others who may nevertheless experience indirect harm. For example, with respect to victim notification in OCGA § 17-10-1.1 (a), “[a] prosecuting attorney bringing charges against a defendant shall notify, where practical, the alleged victim or, when the victim is no longer living, a member of the victim’s family of his or her right to submit a victim impact form.”21

Cobb Hospital, Inc. v. Emory-Adventist, Inc.

Court: Ga. Ct. App. | Date Filed: 2020-11-17T00:00:00-08:00

Snippet: Sara Collins, Bradford Gray, & Jack Hadley, The For-Profit Conversion of Nonprofit Hospitals in the U.S. Health Care System: Eight Case Studies, The Commonwealth Fund, (May 2001), available at http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.499.3671&rep=rep1&ty pe=pdf. At the time, Georgia’s statute was one of three in which “legislation ha[d] been passed which confirm[ed] attorney general oversight responsibility but ha[d] no provision for commensurate approval of the transaction

Clark v. Aaron's, Inc.

Court: N.D. Ga. | Date Filed: 2012-09-26T00:00:00-07:00

Citation: 914 F. Supp. 2d 1301, 2012 U.S. Dist. LEXIS 139172, 2012 WL 4468747

Snippet: GRANTED as to Count IX.11 G. Count X (Violation of Georgia’s Retail Installment and Home Solicitation Sales Act) In Count X, Clark alleges that Defendant violated Georgia’s Retail Installment and Home Solicitation Sales Act (“RISA”), O.C.G.A. §§ 10-1-1 to-16. Specifically, Clark alleges that the contracts at issue “constitute Retail Installment Contracts as defined by O.C.G.A. § 10-1-2(a)(9)” and that Defendant violated RISA by charging a greater interest rate than that permitted by the relevant

Morton v. Glynn County Board of Tax Assessors

Court: Ga. Ct. App. | Date Filed: 2008-11-26T00:00:00-08:00

Citation: 670 S.E.2d 528, 294 Ga. App. 901, 2008 Fulton County D. Rep. 3962

Snippet: 586 S.E.2d 235 (2003). The Georgia Department of Revenue has adopted regulations, compiled as an "Appraisal Procedures Manual" ("APM"), to assist county tax officials in appraising tangible real and personal property. Ga. Comp. R. & Regs. r. 560-11-10-.01(1). The APM defines "real property" as "the bundle of rights, interest and benefits connected with the ownership of real estate." Ga. Comp. R. & Regs. r. 560-11-10-.02(1)(w). But "[r]eal property does not include the intangible benefits associated

Anaya-Plasencia v. State

Court: Ga. Ct. App. | Date Filed: 2007-02-23T00:00:00-08:00

Citation: 642 S.E.2d 401, 283 Ga. App. 728, 2007 Fulton County D. Rep. 662

Snippet: evidence goes to the impact of the crime on the victim, the victim's family, or the community." In the Interest of W.N.J., 268 Ga.App. 637, 639(1), 602 S.E.2d 173 (2004). Such evidence is generally admissible in the sentencing phase of a trial. OCGA § 17-10-1.1. [3] This is particularly true in view of the fact that evidence that the victim had moved to the United States to procure better medical treatment for his daughter who had flat feet was admitted without objection at trial.

CSX Transp., Inc. v. City of Garden City, Georgia

Court: S.D. Ga. | Date Filed: 2002-02-25T00:00:00-08:00

Citation: 196 F. Supp. 2d 1288, 2002 U.S. Dist. LEXIS 6106, 2002 WL 531494

Snippet: 83 F.3d 1347, 1349 (11th Cir.1996). Unrebutted, evidentially supported Fact Statements are deemed admitted under S.D.Ga.Local Rule 56.1 and Dunlap v. Transamerica Occidental Life Ins. Co., 858 F.2d 629, 632 (11th Cir.1988). [3] As noted in its 10/1/01 Order, this Court respectfully disagrees. See doc. #68 at 2 n. 2. [4] Courts are liberal with what sort of policy can do that. A general liability policy, for example, was construed to provide coverage (and thus waive liability) for motor-vehicle-based

Carruthers v. State

Court: Ga. | Date Filed: 2000-03-06T00:00:00-08:00

Citation: 528 S.E.2d 217, 272 Ga. 306, 2000 Fulton County D. Rep. 954

Snippet: psychiatrist who had treated the victim’s child both before and after the murder was improper. The presentation of victim impact testimony in a death penalty trial is governed by OCGA § 17-10-1.2, and, therefore, Carruthers’ reliance upon OCGA § 17-10-1.1 in support of his contentions is misplaced.44 OCGA § 17-10-1.2 specifically authorizes testimony by persons “having personal knowledge of the impact of the crime on the victim, the victim’s family, or the community.” The challenged testimony in this

MacK v. Nationwide Mutual Fire Insurance

Court: Ga. Ct. App. | Date Filed: 1999-05-18T00:00:00-07:00

Citation: 517 S.E.2d 839, 238 Ga. App. 149, 99 Fulton County D. Rep. 2184

Snippet: class, had entered into retail installment contracts to finance purchases from Mercury, and that the interest charged and collected was at a rate in excess of the legal maximum in violation of the Retail Installment & Home Solicitation Act, OCGA § 10-1-1 et seq. Mack seeks to "be reimbursed for all finance charges on all financing agreements which contain excessive and illegal finance charges." Plaintiff has denied coverage for the circumstances complained of by Mack in her civil action against Mercury

Eason v. State

Court: Ga. Ct. App. | Date Filed: 1994-12-02T00:00:00-08:00

Citation: 215 Ga. App. 614, 451 S.E.2d 820, 94 Fulton County D. Rep. 4138, 1994 Ga. App. LEXIS 1327, 1994 WL 673813

Snippet: of error, Eason contends the trial court erred in allowing the State to introduce a victim impact statement without providing him with a copy within a reasonable amount of time prior to sentencing as required by OCGA § 17-10-1.1 (e). However, subsection (g) of OCGA § 17-10-1.1 provides that "[n]o *617 sentence shall be invalidated because of failure to comply with the provisions of this Code section." Furthermore, this enumeration is rendered moot in light of our disposition above. 8. In his last

Thornton v. State

Court: Ga. | Date Filed: 1994-10-31T00:00:00-08:00

Citation: 264 Ga. 563, 449 S.E.2d 98, 94 Fulton County D. Rep. 3493

Snippet: raised in the final case relied on by the state, In the Interest of T. M. H., 197 Ga. App. 416 (398 SE2d 766) (1990). Accordingly, that case does not stand for the proposition asserted by the state. [3] Thornton takes the position that OCGA §§ 17-10-1.1 and 17-10-1.2, which became effective after his case was tried, have no bearing on this issue. See Livingston v. State, 264 Ga. 402 (444 SE2d 748) (1994), which upheld the constitutionality of these Code sections. [4] This Court has held that "the

Padgett v. CH2M Hill Southeast, Inc.

Court: M.D. Ga. | Date Filed: 1994-10-25T00:00:00-07:00

Citation: 866 F. Supp. 563, 1994 U.S. Dist. LEXIS 15231, 1994 WL 592391

Snippet: .. § 2.2.4 The Architect will not be responsible for and will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work.... . . . . . 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Yow, 201 Ga.App. at 858, 412 S.E.2d at 567-68. [4] Further, in Henry Roy Portwood Inc. v. Smith, 207

Willard v. Stewart Title Guaranty Co.

Court: Ga. | Date Filed: 1994-10-17T00:00:00-07:00

Citation: 264 Ga. 555, 448 S.E.2d 696, 94 Fulton County D. Rep. 3334

Snippet: (339 SE2d 648) (1986), cited by the Court of Appeals, is distinguishable in that it does not involve a written instrument signed in an individual capacity. 14-8-9. Agency of partners for partnership. Subject to the provisions of Code Section 14-8-10.1: (1) Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership

Livingston v. State

Court: Ga. | Date Filed: 1994-06-27T00:00:00-07:00

Citation: 264 Ga. 402, 444 S.E.2d 748, 94 Fulton County D. Rep. 2234

Snippet: pleas of nolo contendere of the defendant . . . . No mention whatsoever was made of the victim impact statement or of testimony concerning the psychological effects of the crime on the victim, the victim's family or the community. Second, OCGA § 17-10-1.1, enacted in 1985, provided in pertinent part that "except in cases in which life imprisonment or the death penalty must be imposed . . . the judge may consider a victim impact statement in determining the appropriate sentence. . ." Third, in Sermons

Acord v. Jones

Court: Ga. Ct. App. | Date Filed: 1994-01-18T00:00:00-08:00

Citation: 211 Ga. App. 682, 440 S.E.2d 679, 94 Fulton County D. Rep. 257

Snippet: May Realty Co., 220 Ga. 163, 164 (137 SE2d 637) (1964). In addition, the legislature has enacted several statutes, such as the Motor Vehicle Sales Finance Act (OCGA § 10-1-30 et seq.), the Retail Installment & Home Solicitation Sales Act (OCGA § 10-1-1 et seq.), and the Industrial Loan Act (OCGA § 7-3-1), all of which, among other things, relieve consumers of the obligation to pay unearned interest when debts are paid off prior to maturity. While not applicable here, these statutes do show consistent

Ayala v. State

Court: Ga. | Date Filed: 1993-02-05T00:00:00-08:00

Citation: 425 S.E.2d 282, 262 Ga. 704, 93 Fulton County D. Rep. 492

Snippet: (54 SE 822) (1906).[3] "The most fundamental premise of our criminal justice system is that a person ought not to be punished for a criminal offense until the state demonstrates guilt beyond a reasonable doubt." 2 ABA, Standards for Criminal Justice 10-1.1 comment (1980). "Unless [the] right to bail before trial is preserved, the presumption of innocence, secured only after centuries of struggle, would lose its meaning." Stack v. Boyle, 342 U. S. 1, 4 (72 SC 1, 96 LE 3) (1951). To protect this presumption

Sermons v. State

Court: Ga. | Date Filed: 1992-06-25T00:00:00-07:00

Citation: 417 S.E.2d 144, 262 Ga. 286, 92 Fulton County D. Rep. 1086

Snippet: this kind was introduced in Payne. The Payne Court therefore did not have to address Booth's holding that the Eighth Amendment barred such evidence. [2] Although Muckle's holding has been superseded in non-capital cases by the adoption of OCGA §§ 17-10-1.1 and 17-10-1.2, those statutes specifically exempt death-penalty cases from their scope. Accordingly, Muckle is still the law in death-penalty cases. [3] See generally Brown v. State, 250 Ga. 862, 866-867 (5) (302 SE2d 347) (1983) (photograph showing

Bell v. State

Court: Ga. Ct. App. | Date Filed: 1992-02-17T00:00:00-08:00

Citation: 416 S.E.2d 344, 203 Ga. App. 109, 1992 Ga. App. LEXIS 391

Snippet: impact statement, the probation department's presentence investigation, or some other source. However, even assuming that it was contained in a victim impact statement which was not disclosed to appellant prior to the hearing as required by OCGA § 17-10-1.1 (d), we cannot agree with appellant that resentencing is necessary in this case. First, we do not agree that the victim's mother's feeling that she was not bitter but that appellant should serve some time constitutes an instance of witness' testimony

Yow v. Hussey, Gay, Bell & Deyoung International, Inc.

Court: Ga. Ct. App. | Date Filed: 1991-11-01T00:00:00-08:00

Citation: 412 S.E.2d 565, 201 Ga. App. 857, 1991 Ga. App. LEXIS 1618

Snippet: and omissions of his employees, Subcontractors and their agents and employees, and other persons performing any of the Work under a contract with the Contractor. * * * PROTECTION OF PERSONS AND PROPERTY "10.1 Safety Precautions and Programs "§ 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. "10.2 Safety of Persons and Property "§ 10.2.1 The Contractor shall take all reasonable precautions for