Jowers v. Arthur

Court of Appeals of Georgia

Decided July 12, 2000

Court of Appeals of Georgia · decided 2000-07-12

Relies on 225 Ga. App. 506 - Byrd v. JRC Towne Lake, Ltd.

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Decided 2000-07-12

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Cited by 24 later decisions — most recently October 2020

14 state decisions

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.

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Smith, Presiding Judge,

¶1concurring specially.

¶2Although I believe this case shares many similarities with cases such as Byrd v. JRC Towne Lake, Ltd., 225 Ga. App. 506 (484 SE2d 309) (1997), in which we concluded that the doctrine of judicial estoppel precluded the plaintiff from asserting a tort claim, I concur in the result reached by the majority. At least a subtle distinction exists between this case and Byrd. Jowers in effect amended her bankruptcy petition by successfully seeking its dismissal and filing another petition listing the potential tort claim in her schedule of assets. This distinction avoids the harsh result that would obtain *72from a purely technical application of the doctrine of judicial estoppel.

Decided July 12, 2000.William R. McCracken, for appellant.Dye, Tucker, Everitt, Wheale & Long, Jon E. Ingram, Jr., for appellee.