Anderson v. Flake

63 Citing cases

  1. Quarters Decatur, LLC v. City of Decatur

    347 Ga. App. 723 (Ga. Ct. App. 2018)   Cited 4 times
    Holding that the city’s letter to the plaintiff was not a final decision for purposes of appealing to the zoning board where the letter indicated that further review of its decision was necessary

    In deciding a motion to dismiss, all pleadings are to be construed most favorably to the party who filed them, and all doubts regarding such pleadings must be resolved in the filing party’s favor.Anderson v. Flake , 267 Ga. 498, 501 (2), 480 S.E.2d 10 (1997) (citations omitted). The Quarters sought mandamus relief, which is "an extraordinary remedy to compel a public officer to perform a required duty when there is no other adequate legal remedy."

  2. Depository Trust & Clearing Corp. v. Jones. Ameris Bank

    348 Ga. App. 474 (Ga. Ct. App. 2019)   Cited 6 times
    Noting that, on motion to dismiss for failure to state a claim, allegations of fact are viewed "in the light most favorable to the plaintiff"

    (Footnotes omitted.) Anderson v. Flake , 267 Ga. 498, 501 (2), 480 S.E.2d 10 (1997). To that end,

  3. Kammerer Real Estate Holdings, LLC v. Forsyth Cnty. Bd. of Comm'rs

    302 Ga. 284 (Ga. 2017)   Cited 10 times

    When presented with a motion to dismiss for failure to state a claim, a court must examine the sufficiency of the pleadings. See Anderson v. Flake, 267 Ga. 498, 501 (2), 480 S.E.2d 10 (1997). In its amended pleading, Kammerer quite clearly complained that the Director had refused a site development permit based on his alleged misinterpretation of the "open space" zoning condition, and Kammerer sought "a writ of certiorari ... for the correction of errors committed by ... the [ ] Director."

  4. Villa Sonoma at Perimeter Summit Condo. Ass'n, Inc. v. Commercial Indus. Bldg. Owners All., Inc.

    349 Ga. App. 666 (Ga. Ct. App. 2019)   Cited 10 times

    In deciding a motion to dismiss, all pleadings are to be construed most favorably to the party who filed them, and all doubts regarding such pleadings must be resolved in the filing party's favor. Anderson v. Flake , 267 Ga. 498, 501 (2), 480 S.E.2d 10 (1997) (citations omitted). For the purpose of this determination, documents attached to and incorporated into the pleadings are considered to be a part of them.

  5. Ewing v. City of Atlanta

    281 Ga. 652 (Ga. 2007)   Cited 20 times

    McGowan v. Progressive Preferred Ins. Co., 281 Ga. 169, 170 ( 637 SE2d 27) (2006) (citations omitted).Allen v. Yost, 281 Ga. 102, 103 ( 636 SE2d 517) (2006), quoting Anderson v. Flake, 267 Ga. 498, 501 ( 480 SE2d 10) (1997). Section 114-436 of the Code of Ordinances of the City of Atlanta sets forth seven reasons that a supervisor may deny an employee's request to work an outside job. Most relevant to the present case are subsections (1) and (2), which permit a supervisor to deny the employee the right to work outside jobs if the outside employment will "interfere with . . . the employee's duties" and "involve a conflict of interest or a conflict with the employee's duties."

  6. Spann v. Davis

    312 Ga. 843 (Ga. 2021)   Cited 9 times
    In Spann v. Davis et al., 866 S.E.2d 371 (2021), the Supreme Court of Georgia reversed in part and vacated in part the judgment of this Court rendered in Spann v. Davis, 355 Ga. App. 673, 845 S.E.2d 415 (2020), in which we affirmed the trial court's sua sponte dismissal of Spann's complaint on the basis of quasi-judicial immunity.

    possibly introduce evidence within the framework of the complaint sufficient to warrant a grant of the relief sought. Anderson v. Flake , 267 Ga. 498, 501 (2), 480 S.E.2d 10 (1997). See also OCGA § 9-11-12 (b) (6) (defense of failure to state a claim upon which relief can be granted may, at the option of the pleader, be made by motion).

  7. Love v. Fulton Cnty. Bd. of Tax Assessors

    311 Ga. 682 (Ga. 2021)   Cited 25 times
    Noting that an earlier appellate decision became the law of the case and bound the trial court in its consideration of the case upon remand

    A motion to dismiss for failure to state a claim upon which relief may be granted should not be sustained unless (1) the allegations of the complaint disclose with certainty that the claimant would not be entitled to relief under any state of provable facts asserted in support thereof; and (2) the movant establishes that the claimant could not possibly introduce evidence within the framework of the complaint sufficient to warrant a grant of the relief sought. (Footnotes omitted.) Anderson v. Flake, 267 Ga. 498, 501 (2), 480 S.E.2d 10 (1997). See also OCGA § 9-11-12 (b) (6).

  8. Glob. Payments, Inc. v. Incomm Fin. Servs.

    308 Ga. 842 (Ga. 2020)   Cited 7 times

    (Footnotes omitted.) Anderson v. Flake , 267 Ga. 498, 501 (2), 480 S.E.2d 10 (1997). "On appeal, a trial court's ruling on a motion to dismiss for failure to state a claim for which relief may be granted is reviewed de novo."

  9. Williams v. Dekalb Cnty.

    308 Ga. 265 (Ga. 2020)   Cited 46 times
    Concluding that "if a court determines that a party lacks standing to challenge the constitutionality of a statute, it is improper to address the merits of the constitutional claim"

    (Footnotes omitted.) Anderson v. Flake , 267 Ga. 498, 501 (2), 480 S.E.2d 10 (1997). See also OCGA § 9-11-12 (b) (6).

  10. Abramyan v. State

    301 Ga. 308 (Ga. 2017)   Cited 3 times

    (Footnotes omitted.) Anderson v. Flake, 267 Ga. 498 , 501 (2) (480 SE2d 10 ) (1997). “On appeal, a trial court’s ruling on a motion to dismiss for failure to state a claim for which relief may be granted is *310 reviewed de novo.”