Palmer & Cay of Georgia, Inc. v. Lockton Companies, Inc.

5 Citing cases

  1. Peachtree Fayette Women's Spec. v. Turner

    699 S.E.2d 69 (Ga. Ct. App. 2010)

    Coleman v. Retina Consultants, 286 Ga. 317, 319-320 (1) ( 687 SE2d 457) (2009). We apply a de novo review to a trial court's ruling on a question of law, Palmer Cay of Ga. v. Lockton Cos., 284 Ga. App. 196, 197 ( 643 SE2d 746) (2007), but "[a] judge's factfindings are not [to be] disturbed if there is any evidence to support them." Keeley v. Cardiovascular Surgical Assocs., 236 Ga. App. 26, 29 (2) ( 510 SE2d 880) (1999).

  2. Atlanta Business Video, LLC v. Fantrace, LLC

    324 Ga. App. 559 (Ga. Ct. App. 2013)   Cited 6 times
    Holding that trial court was not precluded from dismissing entire case without prejudice for plaintiff's failure to appear at scheduled proceeding

    As we have previously and repeatedly explained, unsworn, self-serving statements made in an appellate brief are not evidence and will not be considered by this Court. See Williams v. State, 293 Ga.App. 193, 200–01(4), 666 S.E.2d 703 (2008); Palmer & Cay of Ga., Inc. v. Lockton Cos., Inc., 284 Ga.App. 196, 198 n. 1, 643 S.E.2d 746 (2007).See Porter v. Tissenbaum, 247 Ga.App. 816, 818(3), 545 S.E.2d 372 (2001) (holding that “trial court was authorized to draw adverse inferences from the uncontradicted testimony of the clerk that she timely sent a copy of the trial calendar with adequate postage to the return address defendants gave with their answer”); see also Hammonds v. Sherman, 277 Ga.App. 498, 498–99, 627 S.E.2d 110 (2006) (noting that “[t]here is a presumption that the clerk gave proper notice of the calendar call, and the burden is on [the plaintiff] to show that she was not notified,” and that “[i]n general, publication of a court calendar in the county's legal organ of record is sufficient notice to the parties in a pending action that they must appear”).

  3. Fine v. Communication Trends, Inc.

    305 Ga. App. 298 (Ga. Ct. App. 2010)   Cited 16 times   1 Legal Analyses

    "Georgia courts have traditionally applied close scrutiny to employment contracts containing restrictive covenants and have upheld them only when the covenant is strictly limited in time, territorial effect, and activities prohibited." Palmer Cay of Ga. v. Lockton Cos., 284 Ga. App. 196, 198 ( 643 SE2d 746) (2007). Whether a restrictive covenant is enforceable is a question of law, and we review the trial court's ruling de novo.

  4. Whitten v. Wooten

    671 S.E.2d 317 (Ga. Ct. App. 2008)   Cited 2 times

    However, "[s]tatements in briefs are not evidence." Palmer Cay of Ga. v. Lockton Cas., 284 Ga. App. 196, 198, n. 1 ( 643 SE2d 746) (2007). Thereafter, a jail physician directed that Whitten receive a medical injection.

  5. Palmer v. Lockton

    284 Ga. App. 910 (Ga. Ct. App. 2007)

    2007 Appeal from the 284 Ga. App. 196. Applications to the Supreme Court for Certiorari, Denied.