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← 233 Ga. App. 279 - McMann v. Mockler

233 Ga. App. 279 - McMann v. Mockler’s Empirical Analysis

1998

Citation profile

22
cited by 22 later decisions
1
states following
October 2024
most recently cited

14 state decisions

How this case has been cited

Cited by 22 later decisions — most recently October 2024

14 state decisions

901998200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Lau's Corp., Inc. v. Haskins · Hamilton v. Powell, Goldstein, Frazer & Murphy · Ponce De Leon Condominiums v. DiGirolamo · 197 Ga. App. 300 - In the Interest of C. T. · 167 Ga. App. 411 - Hamilton v. Powell, Goldstein, Frazer & Murphy

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[i]n the context of a legal malpractice case in which the negligence alleged is the failure of an attorney to file an appeal, proximate cause may be established by showing that the appellate court would have reversed and that, upon remand to the lower court, the client would have obtained a more favorable result.”
    2 later decisions quote this exact passage
  2. ““A professional malpractice action is merely a professional negligence action. To state a cause of action for negligence in Georgia, the following elements are essential: (1) A legal duty to conform to a standard of conduct raised by the law for the protection of others against unreasonable risks of harm; (2) a breach of this standard; (3) a legally attributable causal connection between the conduct and the resulting injury; and, (4) some loss or damage flowing to the plaintiff’s legally protected interest as a result of the alleged breach of the legal duty. In particular, this court has held that in a suit for legal malpractice, proof that the attorney’s negligence proximately caused the client’s harm is necessary for recovery.” (Citations and punctuation omitted.) Whitehead v. Cuffie, 185 Ga. App. 351, 352 ( 364 SE2d 87 ) (1987); see also OCGA § 51-1-8. Faced with such a claim, a defendant is entitled to favorable resolution summarily if he can show that the record reveals “that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.” Lau’s Corp. v. Haskins, 261 Ga. 491 ( 405 SE2d 474 ) (1991); OCGA § 9-11-56.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.