Justia Georgia Supreme Court Opinion Summaries

Articles Posted in Civil Litigation
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Before he committed suicide in September 2012, twenty-two-year old Christopher Landry had been under the care of appellant, psychiatrist Crit Cooksey. In August 2012, Dr. Cooksey prescribed both Seroquel and Cymbalta for Christopher, two drugs that contained "black box warnings" warning of an increased risk of suicidal thinking and behavior in young adults and recommended that medical professionals prescribing the drugs monitor patients for worsening or emergent suicidal thoughts and behavior. Following Christopher's death, his parents, appellees Lisa and Michael Landry, began investigating a potential medical malpractice, wrongful death, and survival action against Dr. Cooksey and made multiple requests for copies of Christopher's psychiatric records. Dr. Cooksey on each occasion refused to produce the records, claiming they were protected from disclosure by Georgia's psychiatrist-patient privilege. Appellees filed a complaint seeking a permanent injunction directing Dr. Cooksey to turn over all of Christopher's psychiatric records. The trial court, without reviewing Dr. Cooksey's files, concluded that equity supported appellees' position and issued an injunction directing Dr. Cooksey to produce to appellees "all records pertaining to the medical treatment and history of Christopher Landry." Dr. Cooksey appealed the trial court's order and filed a motion for an emergency stay which was granted. Upon further review, the Supreme Court concluded the trial court erred to the extent it exercised its equitable powers to order the production of information protected from disclosure by Georgia law. Accordingly, the Court affirmed the order of the trial court in part and reversed and remanded for further proceedings. View "Cooksey v. Landry" on Justia Law

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This appeal stems from a divorce action filed by appellant Kathryn Brookfield Hoover (Wife) against Richard Craig Hoover (Husband). Wife requested a jury trial, and the court bifurcated the proceedings, first hearing the issue of child custody in a bench trial, and reserving issues of equitable division of property, alimony, and child support for a jury trial. After the bench trial on the child custody issue, the trial court issued a court-ordered parenting plan which granted joint physical and legal custody of the minor children. An amended parenting plan order was entered, and another order, “2nd Order Amending June 15, 2012 Parenting Plan” was entered January 11, 2013. Before the jury trial on the remaining issues started, the parties executed a settlement agreement resolving the financial issues in the case, and the trial court entered a final judgment and decree of divorce on February 14, 2013. In addition to referencing the settlement agreement, the final judgment referenced the three orders relating to the parenting plan and stated these orders “are . . . incorporated herein and made a part of this Final Judgment and Decree.” Wife filed a motion for new trial of the custody issues within thirty days of the date the final order and decree was entered. The trial court granted Husband’s motion to dismiss the motion for new trial, finding that Wife’s motion for new trial was untimely since it sought a new trial on the court-ordered parenting plan and was thus filed more than thirty days after the “entry of judgment” on the court-ordered parenting plan. The Supreme Court reversed the trial court’s order dismissing the motion for new trial as having been untimely filed.View "Hoover v. Hoover" on Justia Law