Venue, as a general matter, indicates where (in which court) a legal matter should be filed. It is sometimes confused with subject matter jurisdiction and, because certain venue provisions appear in Georgia’s constitution, venue occasionally becomes a jurisdictional question in Georgia. Usually, though, jurisdiction indicates which court a legal matter should be filed in, such […]
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Georgia Counties and Cities with links to Probate Court, Clerk of Superior Court, Legal Organ and other relevant information. General Links: Georgia Chamber of Commerce Georgia Probate Court GeorgiaPublicNotice.com | Search and View Published Legal Notices Georgia Superior Courts Georgia Superior Court Clerks Cooperative Authority | Includes Contact Information for County’s Legal Organ O.C.G.A. § […]
Murchison v. Smith, 270 Ga. 169 (1998). Ms. Annie Bell Smith was diagnosed with terminal lung cancer in December 1994. On January 31, 1995, she executed a will leaving the bulk of her estate to her brother-in-law, Caesar Smith and his wife Lois Smith, who were assisting Ms. Smith and providing her with care. Ms. […]
In re Estate of Diaz, 271 Ga. 742 (1999). Leanora Diaz (Diaz) died on April 3, 1997. During the year leading up to her death, her estranged husband served divorce papers on her. Her children begged her to get medical help and, after she refused, they tried to have her involuntarily committed. Following a hospital […]
Ashford v. Van Horne, 276 Ga. 636 (2003). Dr. Alexander Ashford and his wife were estranged after marrying in 1968. Mrs. Ashford filed for divorce in 1999 after a lengthy separation. Dr. Ashford died in 2001 during the divorce proceedings. In 1988, Dr. Ashford’s sister drove him to see an attorney. There, Dr. Ashford produced […]
In Georgia Department of Community Health v. Medders, 292 Ga. App. 439, 2008 Ga. App. LEXIS 804 (2008) the Court stated the appellate standard of review as follows: “In addressing this appeal, we are mindful of the narrow scope of judicial review applicable to administrative agency matters. A court cannot “substitute its judgment for that […]
On the Georgia Supreme Court’s Argument Calendar for May 18, 2021 is Clinch Healthcare Center Et. Al. v. Fountain, As Administrator of the Estate of LeRoy Wiggins (S20G1292). The Court’s Summary is as follows: A nursing home and its owners are appealing a Georgia Court of Appeals decision that upheld Cobb County State Court’s denial […]
“The construction of a contract is a question of law for the court.” O.C.G.A. § 13-2-1. The cardinal rule of construction is to ascertain the intention of the parties. If that intention is clear and it contravenes no rule of law and sufficient words are used to arrive at the intention, it shall be enforced […]
The following language was used in a contract dispute where a Motion for Summary Judgment was filed in Superior Court: “The standard on motion for summary judgment is whether any genuine issue of material fact exists and, if not, whether the moving party is entitled to judgment as a matter of law. See O.C.G.A. § […]
The following links can be used to research health care providers and, if necessary, to file a complaint with State licensing boards and boards of certification: Complaint and Discipline Process for Nurses (Powerpoint by Georgia Board of Nursing) Contact Information For Filing a Complaint with the State Survey Agency (CMS.gov) Do your research about your doctor or […]
