WRIGHT v. BROWN Et Al.

Court: Ga. Ct. App. | Date Filed: 2016-03-02T00:00:00-08:00

Citation: 336 Ga. App. 1, 783 S.E.2d 405, 2016 Ga. App. LEXIS 112

Snippet: to proceed IFP. Shortly thereafter, the defendants filed a special appearance and traverse to Wright’s IFP request. Specifically, the defendants argued that Wright’s seven previously dismissed federal lawsuits qualified as strikes under OCGA § 42-12-7.2 of the Georgia PLRA and, thus, the statute barred him from proceeding IFP. The trial court agreed and, therefore, dismissed Wright’s lawsuit without prejudice. This appeal follows. 1. We first note that in his appellate brief, in addition to challenging

Abdullah M. Rasheed v. State

Court: Ga. Ct. App. | Date Filed: 2015-09-21T00:00:00-07:00

Snippet: dismissed. See Roberts v. State, 286 Ga. 532 (690 SE2d 150) (2010). Accordingly, this appeal is hereby DISMISSED. Finally, we note that, given our dismissals of Rasheed’s prior appeals, the instant appeal is essentially frivolous. OCGA § 42-12-7.2 provides: In no event shall a prisoner file any action in forma pauperis in any court of this state if the prisoner has, on three or more prior occasions while he or she was incarcerated or detained in any facility, filed any action

Turner v. Georgia River Network, Grady County Board of Commissioners v. Georgia River Network

Court: Ga. | Date Filed: 2015-06-15T00:00:00-07:00

Snippet: vegetation. The establishment of buffers for state waters alongside banks with wrested vegetation is only one of many tools or “best management practices,” available to accomplish the intent of the Erosion and Sedimentation Act as stated in OCGA § 12-7-2. See, e.g., OCGA § 12-7-6 (a) (1), 12-7-6 (b) (1)- (14). See also Manual for Erosion and Sediment Control in Georgia, Georgia Soil and Water Conservation Commission (6th ed. 2014) (manual is specifically referenced by OCGA § 12-7-6 (b)). There is

Turner v. Georgia River Network, Grady County Board of Commissioners v. Georgia River Network

Court: Ga. | Date Filed: 2015-06-15T00:00:00-07:00

Citation: 297 Ga. 306, 773 S.E.2d 706

Snippet: vegetation. The establishment of buffers for state waters alongside banks with wrested vegetation is only one of many tools or “best management practices,” available to accomplish the intent of the Erosion and Sedimentation Act as stated in OCGA § 12-7-2. See, e.g., OCGA §12-7-6 (a) (1); OCGA § 12-7-6 (b) (1)-(14). See also Manual for Erosion and Sediment Control in Georgia, Georgia Soil and Water Conservation Commission (6th Ed. 2014) (manual is specifically referenced by OCGA § 12-7-6 (b)). There

Damien C. Bernard v. State

Court: Ga. Ct. App. | Date Filed: 2014-07-31T00:00:00-07:00

Snippet: is DISMISSED. In so holding, we note that Bernard has filed numerous appeals with this Court. We find that this appeal is frivolous and we note that Bernard’s previous appeal was also deemed frivolous. See Case No. A13A1943. Under OCGA § 42-12-7.2, prisoners who have filed three or more times in state court and had those filings dismissed as frivolous are not permitted to file any action in forma pauperis. If Bernard continues to file meritless pleadings, he will not be permitted to file in

Judson H. Turner, Director, Environmental Protection Division, Georgia Dept of Natural Resources v. Grady County Board of Commissioners

Court: Ga. Ct. App. | Date Filed: 2014-07-31T00:00:00-07:00

Snippet: establishment and 3 implementation of a state-wide comprehensive soil erosion and sediment control program to conserve and protect the land, water, air, and other resources of this state. OCGA § 12-7-2. The Erosion and Sedimentation Act provides that land-disturbing activities must conform with “best management practices.” OCGA § 12-7-6 (b). One of these practices is set forth in OCGA § 12-7-6 (b) (15), which states that “[t]here is established

Georgia River Network v. Turner

Court: Ga. Ct. App. | Date Filed: 2014-07-16T00:00:00-07:00

Citation: 328 Ga. App. 381, 762 S.E.2d 123

Snippet: activities and programs of this state and to provide for the establishment and implementation of a state-wide comprehensive soil erosion and sediment control program to conserve and protect the land, water, air, and other resources of this state. OCGA § 12-7-2. The Erosion and Sedimentation Act provides that land-disturbing activities must conform with “best management practices.” OCGA § 12-7-6 (b). One of these practices is set forth in OCGA § 12-7-6 (b) (15), which states that “[t]here is established

Center for a Sustainable Coast, Inc. v. Turner

Court: Ga. Ct. App. | Date Filed: 2013-11-15T00:00:00-08:00

Citation: 324 Ga. App. 762, 751 S.E.2d 555, 2013 Fulton County D. Rep. 3705

Snippet: activities and programs of this state and to provide for the establishment and implementation of a state-wide comprehensive soil erosion and sediment control program to conserve and protect the land, water, air, and other resources of this state. OCGA § 12-7-2. *763The Act “established a 25 foot buffer along the banks of all state waters.” OCGA § 12-7-6 (b) (15) (A). Following its receipt of a complaint, the EPD investigated and determined that Toland constructed an approximately 170-foot long bulkhead

Pulte Home Corp. v. Simerly

Court: Ga. Ct. App. | Date Filed: 2013-07-08T00:00:00-07:00

Citation: 322 Ga. App. 699, 746 S.E.2d 173, 2013 Fulton County D. Rep. 2338

Snippet: accordance with a NPDES permit. 33 USC §§ 1311 (a), 1342. Similarly, a discharge of storm water runoff from construction activities where best management practices have not been properly implemented violates the Sedimentation Control Act. OCGA §§ 12-7-2; 12-7-6 (a). It is well settled that Georgia law allows the adoption of a statute or regulation as a standard of conduct so that its violation becomes negligence per se. See Rockefeller v. Kaiser Foundation Health Plan of Ga., 251 Ga. App. 699, 702

In Re Carter

Court: Ga. Ct. App. | Date Filed: 2007-11-07T00:00:00-08:00

Citation: 653 S.E.2d 860, 288 Ga. App. 276

Snippet: for partial summary judgment, and granted summary judgment, sua sponte, to the Foundation. Plaintiff appeals, arguing that the trial court erred in three ways: (1) by concluding that no private right of action exists for a violation of OCGA § 31-12-7, (2) by failing to enter partial summary judgment against the DHR on the issue of negligence per se, and (3) by concluding that the claims against the physicians sound in medical malpractice rather than negligence. FACTS RELEVANT TO ALL CLAIMS On appeal

Otwell v. Dorsey

Court: Ga. | Date Filed: 1995-05-30T00:00:00-07:00

Citation: 265 Ga. 483, 457 S.E.2d 810

Snippet: as well as attorney fees and punitive damages on the fraud claim.1 The trial court’s award of title of the property to Dorsey over and above the jury’s damage award is clearly a modification of substance of the jury’s verdict, contrary to OCGA § 9-12-7.2 Therefore, *485the trial court’s judgment is reversed and remanded so that the trial court may conform its judgment to the jury’s verdict in accordance with this opinion.3 Decided May 30, 1995 — Reconsideration denied June 27, 1995. Daniel F. Byrne

Cable News Network, Inc. v. Video Monitoring Services

Court: N.D. Ga. | Date Filed: 1989-06-23T00:00:00-07:00

Citation: 723 F. Supp. 765, 1989 U.S. Dist. LEXIS 12425, 1989 WL 121075

Snippet: however, the court rules on defendant's motion to dismiss as follows. Plaintiff's request to permit discovery on the question of the extent of defendant's contacts with the state of Georgia[8] is GRANTED. See 2A J. Moore, Moore's Federal Practice, ¶ 12.07[2.2] (2d Ed.1987) (court has discretion to permit discovery aimed at establishing personal jurisdiction). Plaintiff shall be allowed thirty days to conduct full discovery on this issue and an additional ten days thereafter in which to supplement the

Walden v. State

Court: Ga. Ct. App. | Date Filed: 1987-12-04T00:00:00-08:00

Citation: 185 Ga. App. 413, 364 S.E.2d 304, 1987 Ga. App. LEXIS 2513

Snippet: “costs” are not limited to those accruing by officers of the court, but also include such costs as accrue in the trial court as the result of the prosecution. It is clear that jurors are entitled to an expense allowance under statute. See OCGA § 15-12-7 (2). Compare Peters v. State, supra, holding there to be no statutory authority for the sheriff to recover fees for certain enumerated acts. Since there is no dispute that a statutorily authorized expense allowance of $25 was incurred in the trial court

A.I.M. International, Inc. v. Battenfeld Extrusions Systems, Inc.

Court: M.D. Ga. | Date Filed: 1987-08-12T00:00:00-07:00

Citation: 116 F.R.D. 633, 8 Fed. R. Serv. 3d 1166

Snippet: especially desirable when, as herein, the jurisdictional questions are apparently intertwined with the merits of the case.” Psychological Resources Support Systems, Inc. v. Gerleman, 624 F.Supp. 483, 486-87 (N.D.Ga.1985), citing Moore’s Federal Practice ¶ 12.07 [2.2], at 12-56 to 58 (2d ed. 1985). Plaintiffs assert the existence of an oral contract pursuant to which plaintiffs repre*640sented themselves as defendants’ agents and made substantial sales of defendants’ products, including sales to Georgia corporations

Prudential Insurance Co. of America v. Baum

Court: N.D. Ga. | Date Filed: 1986-02-24T00:00:00-08:00

Citation: 629 F. Supp. 466, 1986 U.S. Dist. LEXIS 28950

Snippet: however, if the complaint fails to allege facts regarding an element of the claim necessary to obtain relief. Blum v. Morgan Guaranty Trust Co. of New York, 709 F.2d 1463, 1466 (11th Cir.1983); 2A J. Moore & J. Lucas, Moore's Federal Practice ¶ 12.07[2.-5] at 12-68 & n. 19 (2d ed. 1985). Furthermore, a motion to dismiss should be granted if an affirmative defense or other bar to relief appears on the face of the complaint. Quiller v. Barclays American/Credit, Inc., 727 F.2d 1067, 1069 (11th Cir

Psychological Resources Support Systems, Inc. v. Gerleman

Court: N.D. Ga. | Date Filed: 1985-12-31T00:00:00-08:00

Citation: 624 F. Supp. 483, 1985 U.S. Dist. LEXIS 12165

Snippet: evidence presented by the plaintiff...."). This seems especially desirable when, as herein, the jurisdictional questions are apparently intertwined with the *487 merits of the case. See generally 2A J. Moore & J. Lucas, Moore's Federal Practice ¶ 12.07[2.-2], at 12-56 to -58 (2d ed. 1985). The Court thus accepts the plaintiff's version of the purpose and consequences of Mr. Gerleman's visit, its version of Ms. Borger's solicitation activities in Atlanta, and its version of the nature of the payments