Callaway v. Garner

5 Citing cases

  1. Caradigm U.S. LLC v. PruittHealth, Inc.

    964 F.3d 1259 (11th Cir. 2020)   Cited 10 times   1 Legal Analyses
    In Caradigm, a healthcare provider contracted with a software company to extract and organize patient data from the provider's various systems into one easily accessible location.

    Cf.Callaway v. Garner , 327 Ga.App. 67, 755 S.E.2d 526, 532 (2014) ("Georgia courts have long recognized a material distinction between a condition precedent and a mere accommodation between the parties over the timing of payment."), vacated in part on other grounds , 333 Ga.App. 747, 776 S.E.2d 829 (2015). Therefore, by repudiating the contract, Pruitt didn't forgo its declining-fees argument, and the district court shouldn't have excluded the evidence on the basis it did.

  2. Star Residential, LLC v. Hernandez

    No. A19A2267 (Ga. Ct. App. Mar. 28, 2022)

    Accordingly, that division remains binding upon return of the remittitur. See Callaway v. Garner, 333 Ga.App. 747, n.1 (776 S.E.2d 829) (2015). We hereby vacate Division 1 of our earlier opinion and remand to the trial court for proceedings consistent with this opinion.

  3. Star Residential, LLC v. Hernandez

    363 Ga. App. 461 (Ga. Ct. App. 2022)

    Accordingly, that division remains binding upon return of the remittitur. See Callaway v. Garner , 333 Ga. App. 747, n.1, 776 S.E.2d 829 (2015). We hereby vacate Division 1 of our earlier opinion and remand to the trial court for proceedings consistent with this opinion.

  4. Med. Ctr., Inc. v. Bowden

    859 S.E.2d 810 (Ga. Ct. App. 2021)

    Because none of these unaddressed portions of our earlier opinion are inconsistent with the Supreme Court's opinion, those portions also become binding upon the return of the remittitur. Callaway v. Garner , 333 Ga. App. 747, 748 n.1, 776 S.E.2d 829 (2015) ; Shadix v. Carroll County , 274 Ga. 560, 563 (1), 554 S.E.2d 465 (2001). Therefore, in accordance with the Supreme Court's opinion, we reverse the trial court's grant of Bowden's petition for class certification and the trial court's denial of summary judgment to The Medical Center on Bowden's claims for fraud and negligent misrepresentation.

  5. Callaway Blue Springs, LLLP v. W. Basin Capital, Llc.

    341 Ga. App. 535 (Ga. Ct. App. 2017)   Cited 14 times
    Holding that OCGA § 44-12-24 precludes assignment of fraudulent transfer claim brought under the Uniform Fraudulent Transfers Act

    This Court affirmed the 2014 judgment on appeal, and in doing so, set forth the underlying facts giving rise to that dispute. See Callaway v. Garner, 327 Ga. App. 67 , 68 (755 SE2d 526 ) (2014) (physical precedent only), reversed in part and remanded on other grounds by Estate of Callaway v. Garner, 297 Ga. 52 (772 SE2d 668 ) (2015), and opinion vacated in part by Callaway v. Garner, 333 Ga. App. 747 (776 SE2d 829 ) (2015). In yet another appeal arising from this litigation, we affirmed the trial court’s dismissal of a notice of appeal filed by the Callaway Estate from the trial court’s entry of final judgment in favor of Larry Garner, Sr., and Larry Garner, Jr., in their civil action against the Estate, seeking specific performance of Cason Callaway’s agreement to purchase stock from the Garners.