Laster v. Nat'l Collegiate Student Loan Trust

1 Citing case

  1. McIver v. Oliver

    353 Ga. App. 106 (Ga. Ct. App. 2019)   Cited 2 times
    Holding that administrator of decedent's estate, rather than surviving spouse who caused decedent's death, could bring wrongful death action and directing that case be transferred from state to superior court for the exercise of the latter court's equitable powers

    Compare Abraham v. Black , 346 Ga. App. 229, 231-232, 816 S.E.2d 351 (2018) (physical precedent only) (affirming a state court’s determination at law based on the application of the child abandonment statute, OCGA § 19-7-1 (b) (3), as opposed to an equitable determination). See Blackmon v. Tenet Healthsystem Spalding, Inc. , 284 Ga. 369, 371, 667 S.E.2d 348 (2008) (vacating the state court’s order and remanding with direction to transfer the case to superior court); Laster v. Nat. Collegiate Student Loan Trust 2005-3 , 328 Ga. App. 542, 542, 762 S.E.2d 430 (2014) ("The manifest purpose of [the Georgia Constitution’s direction to transfer to the proper court] is to prevent parties from being penalized when their attorneys ... make a mistake regarding the complex, highly technical rules that govern jurisdiction and venue and inadvertently file a case in the wrong court. This case fits that description to a tee.") (punctuation omitted).