Espositov.State
CourtSupreme Court of Georgia
Docket No.S23A0104
DecidedNovember 29, 2022
JudgesSupreme Court of Georgia
Tags
CivilCivil ProcedureAppellate ProcedureGovernment LawStatutory InterpretationVacaturFirst Impression
Case Summary
The Supreme Court of Georgia granted John Anthony Esposito’s discretionary-appeal application to decide whether a trial court may refuse to follow a Court of Appeals precedent merely because the trial court disagrees with it. The Court held that trial courts are bound by precedents of the Court of Appeals and may not disregard them on that basis. After resolving that legal question, the Court concluded that no further merits review was warranted in Esposito’s particular appeal. It vacated the prior order granting discretionary review, denied the application, and dismissed the appeal, leaving the trial court’s judgment in place.
Opinion
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