terry's takes
Filtered by court: georgia supreme courtApril 9, 2024
georgia supreme court, no categoriesAdvisory Opinion to Att'y Gen. re Limiting Gov't Interference With Abortion
In a 4-3 decision, the Supreme Court of Florida has approved for placement on the November 2024 ballot a proposed Florida Constitutional amendment protecting Floridians’ right to an abortion.
read moreMarch 4, 2024
georgia supreme court, no categoriesGeorgia Supreme Court
The Supreme Court of Georgia has reversed a Court of Appeals decision that dismissed Premier Pediatric Providers’ appeal for failing to timely file a hearing transcript. Premier's delay, explained as a misunderstanding related to an invoice, was initially deemed excusable by the trial court. Emphasizing the “abuse of discretion” standard under OCGA § 5-6-48(c) and Georgia’s preference for merit-based decisions, the Supreme Court ruled that the trial court’s judgment was reasonable. This ruling supports leniency in procedural missteps when the facts support good faith and due diligence. The case has been remanded for further proceedings.
read moreMarch 4, 2024
georgia supreme court, no categoriesPremier Pediatric Providers, LLC v. Kennesaw Pediatrics, P.C.
The Supreme Court of Georgia has reversed a decision by the Court of Appeals dismissing Premier Pediatric Providers' appeal due to a delay in filing the transcript. Premier, which reasonably believed the transcript had been filed with an invoice payment, acted promptly upon learning of the omission. Emphasizing the “abuse of discretion” standard and the Appellate Practice Act’s intent to favor merit-based decisions, the Supreme Court held that the trial court did not err in denying dismissal. The case has been remanded to the Court of Appeals for a decision on its merits.
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