Public-domain · open source
OpenJurist

222 Ga. App. 297

Glover v. Ware

Court of Appeals of Georgia

Decided May 30, 1996

Court of Appeals of Georgia · decided 1996-05-30

Cited by 2 later decisions — most recently January 2001

2 state decisions

Key passage — most relied on by later courts

“The evidence does not demand a finding that the disclaimers would have foreclosed the possibility of a tax refund in some amount, either through litigation or negotiation. There was ample expert evidence to support the jury’s finding that some refund would have been obtained. The amount of the verdict was within that authorized by the evidence. Therefore, the denials of the directed verdict and the motion for j.n.o.v. were proper.”

quoted by 1 later decision, including 247 Ga. App. 829 - Goodman v. Glover

“The verdict was not authorized, say the appellants, because the “case within the case” legally could not have been successful as the original disclaimers, for several reasons, were void ab initio and could not be resurrected. Therefore, the failure to file for a refund caused no damages, or so the appellants assert.”

quoted by 1 later decision, including 247 Ga. App. 829 - Goodman v. Glover

Relies on 188 Ga. App. 756 - Union Camp Corp. v. Daley

Good law ✅— No negative treatment on recordhow we know

Decided 1996-05-30

View the full empirical analysis of this case →

Judge Hilton Fuller.

¶1In this legal malpractice case, the plaintiffs/appellees sought recovery against the defendants/appellants for failure to timely file an amended estate tax return seeking a refund for taxes paid under protest. The jury found for the plaintiffs and awarded compensatory damages.

¶2Appellants assert that the trial court erred in denying their motions for directed verdict and judgment notwithstanding the verdict. We disagree and affirm.

¶3The verdict was not authorized, say the appellants, because the “case within the case” legally could not have been successful as the original disclaimers, for several reasons, were void ab initio and could not be resurrected. Therefore, the failure to file for a refund caused no damages, or so the appellants assert.

¶4The parties raise many issues; it is not necessary or appropriate to address many of them. The Court declines the appellants’ invitation for a “strong” opinion resolving said-to-be unsettled questions of Georgia law. Similarly, a detailed factual statement is unnecessary. *298This case is resolved by basic procedural law.

Decided May 30, 1996Reconsideration denied July 12, 1996Goodman, McGuffey, Aust & Lindsey, William S. Goodman, Kathryn A. Cater, for appellants.Kidd & Vaughan, David N. Schaeffer, for appellees.

¶5“A directed verdict (and judgment n.o.v.) is not proper unless there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, demands a certain verdict. OCGA § 9-11-50 (a) (b).” (Emphasis in original.) Union Camp v. Daley, 188 Ga. App. 756 (374 SE2d 329) (1988).

¶6The evidence does not demand a finding that the disclaimers would have foreclosed the possibility of a tax refund in some amount, either through litigation or negotiation. There was ample expert evidence to support the jury’s finding that some refund would have been obtained. The amount of the verdict was within that authorized by the evidence.

¶7Therefore, the denials of the directed verdict and the motion for j.n.o.v. were proper.

¶8Judgment affirmed.

Presiding Judge Walter C. McMillan, Jr. and Judge Arthur W. Fudger concur. All Court of Appeals’ Judges are disqualified.
/222/gaapp/297 · .json · Public domain