Tavakolian v. Agio Corp.

3 Citing cases

  1. Am. Plumbing Professionals v. ServeStar, LLC

    885 S.E.2d 255 (Ga. Ct. App. 2023)   Cited 1 times
    Holding that the trial court lacked jurisdiction to enter a second summary judgment order where the remittitur had not yet returned from the first appeal

    See Court of Appeals Rule 39(a) ("Remittiturs will be transmitted to the clerk of the trial court as soon as practicable after the expiration of 10 days from the date of the judgment, unless otherwise ordered or unless a motion for reconsideration or notice of intention to apply to the Supreme Court of Georgia for writ of certiorari has been filed."). See also Tavakolian v. Agio Corp., 309 Ga.App. 652, 653(1), 711 S.E.2d 33 (2011). Nevertheless, the trial court entered a second summary judgment order — the order at issue here — on August 15, 2022.

  2. Temple v. Hillegass

    810 S.E.2d 625 (Ga. Ct. App. 2018)   Cited 8 times
    Explaining new procedure for overruling this Court’s prior opinions

    Since the trial court lacked jurisdiction to enter it, the order Temple appeals is a nullity and void. See Chambers v. State , 262 Ga. 200, 201-202, 415 S.E.2d 643 (1992) ; Tavakolian v. Agio Corp. , 309 Ga. App. 652, 653-654 (1), 711 S.E.2d 33 (2011). The appellees "concede[ ] that the trial court erred by entering the order[ ], but nevertheless urge[ ] us to affirm the trial court’s order on the basis that [Temple] can show no harm .... This [c]ourt, however, cannot ignore the nullity of the trial court’s actions."

  3. Atkins v. Estate of Callaway

    329 Ga. App. 8 (Ga. Ct. App. 2014)   Cited 3 times

    Until the remittitur is issued, the direct appeal is still pending and the superior court is without authority to alter the judgment on appeal. See id.; see also Tavakolian v. Agio Corp., 309 Ga.App. 652, 654(1), 711 S.E.2d 33 (2011) (until a remittitur from this Court is filed, any further action by the trial court is void).Here, Atkins's prior appeal was still pending when the trial court issued its order.