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Ron Johnson, Jr. Enterprises, Inc.v.Winford Hartry Et Al.

CourtCourt of Appeals of Georgia
Docket No.A21A0302
DecidedJanuary 4, 2022
Reporter347 Ga. App. 55
JudgesCourt of Appeals of Georgia
Tags
CivilCivil ProcedureAppellate ProcedureStatutory InterpretationReversalFirst Impression
Case Summary

Ron Johnson Jr. Enterprises and Norfolk Southern challenged an order transferring a truck-and-train collision case from Spalding County to Clayton County. The case had already produced multiple appellate decisions and a consent order transferring venue. The Court of Appeals of Georgia held that the trial court lacked authority to transfer the case again under the circumstances presented. Georgia law did not authorize a transferee court to revisit another court’s completed venue decision, because allowing repeated transfers would create an endless cycle between courts. The appellate court rejected the argument that later decisions had undone the earlier consent order or authorized a new transfer. It reversed the trial court’s order and left the case in the previously established venue.

Opinion

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