O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Anything which happens without the agency or fault of the party affected by it, tending to disturb and confuse his judgment or to mislead him, of which the opposite party takes an undue advantage, is in equity a surprise and is a form of fraud for which relief is granted.
History
Orig. Code 1863, § 3111; Code 1868, § 3123; Code 1873, § 3180; Code 1882, § 3180; Civil Code 1895,
§ 4034; Civil Code 1910, § 4631; Code 1933, § 37-711.
Annotations
JUDICIAL DECISIONS Attorney for opposing party had no duty to advise of legal rights. - In taxpayers’ claim against a purchaser’s assignee for rescission of a redemption agreement, the facts did not support rescission. The assignee’s attorney did not defraud them or conceal any facts, but advised them to hire an attorney, and any failure to advise them of their legal rights
was an opinion as to a matter of law and not a material fact. Boyd v. JohnGalt Holdings, LLC, 294 Ga. 640, 755 S.E.2d 675 (2014). Cited in Bentley v. Barlow, 178 Ga. 618, 173 S.E. 707 (1934); Jackson v. Jackson, 202 Ga. 634, 44 S.E.2d 250 (1947); Puckett v. Reese, 203 Ga. 716, 48 S.E.2d 297 (1948).
RESEARCH REFERENCES Am. Jur. 2d. - 27 Am. Jur. 2d, Equity, § 20. 37 Am. Jur. 2d, Fraud and Deceit, § 23.
C.J.S. - 30 C.J.S., Equity, §§ 45, 48.
Notes of Decisions
Dixon Et Al. v. Branch Banking & Trust Co.., 824 S.E.2d 760 (Ga. Ct. App. 2019).
· cites it 15× “” OCGA § 23-2-53. Fraud by surprise is “[a]nything which happens without the agency or fault of the party affected by it, tending to disturb and confuse his judgment or to mislead him, of which the opposite party takes an undue advantage.”
Wells Fargo Bank, N.A. v. Latouche, 798 S.E.2d 54 (Ga. Ct. App. 2017).
· cites it 4× “LaTouche’s complaint asserted a claim of surprise pursuant to OCGA § 23-2-54, arguing that Wells Fargo published] multiple Notices of Sale Under Power and proceeded with a foreclosure sale of [LaTouche’s] Property on November 5, 2012, while [LaTouche’s] application for a new…”
Boyd v. Johngalt Holdings, LLC, 755 S.E.2d 675 (Ga. 2014).
· cites it 2× “See OCGA § 23-2-54 (“Anything which happens without the agency or fault of the party affected by it, tending to disturb and confuse his judgment or to mislead him, of which the opposite party takes an undue advantage, is in equity a surprise and is a form of fraud for which…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.