CLE Update

Forum Non Conveniens. The Supreme Court adopted the rule of forum non conveniens, allowing the trial court to dismiss a case involving international parties over which it has jurisdiction if there is an adequate alternative foreign forum and if dismissal best serves the convenience of the parties. AT&T Corp. v. Sigala, 274 Ga. 137 (2001).

Summary Judgment. A trial court may not rule on a motion for summary judgment where the nonmoving party is seeking to compel production of potentially helpful evidence and files a motion under OCGA § 9-11-56(f) to deny or continue the hearing on the summary judgment motion. McCall v. Henry Medical Center, 250 Ga. App. 679 (2001).

Deposition - Preservation. In order to preserve error based on rulings on a videotape, the unedited videotape should be filed in record. Hodge v. Lott, 251 Ga. App. 288 (2001).

Cross-Examination - Preservation. In order to preserve errors based on the prohibition of a question on cross-examination, counsel may be required to proffer the expected answer because discovery rules now entitle the questioner to know the expected answer. Hodge v. Lott, 251 Ga. App. 288 (2001).

Instructions - Burden. The Supreme Court held that courts should not use the preliminary instruction on the burden of proof in the Suggested Pattern Instructions because it may be understood as overstaing the burden of proof. Dyer v. Souther, 274 Ga. 61 (2001).

Appeals - Motions for New Trial. The Supreme Court held that a judicial order disposing of a motion for new trial is necessary to extend the 30 day period for appeal, thereby ending the practice of filing a motion for new trial to gain time and then dismissing the motion. Heard v. State, 274 Ga. 196 (2001).

Immunities. Courts should resolve immunity issues before reaching the merits of the dispute. Cameron v. Lang, 274 Ga. 122 (2001).

Uninsured Motorists. A plaintiff who is struck by an unidentified motorist must immediately report the accident to law enforcement in order to preserve uninsured motorist coverage. Navarro v. Atlanta Cas. Co., 250 Ga. App. 550 (2001) (4 days later is too late).

Promissory Estoppel. Promissory estoppel can prohibit a subcontractor from withdrawing its bid before acceptance by a general contractor after its own bid is accepted. SKB Industries, Inc. v. Insite, 250 Ga. App. 574 (2001).

Exculpatory Clauses. Exculpatory clauses must be prominent, and a clause that is not distinguished from surrounding text is unenforceable. Parkside Center, Ltd. v. Chicagoland Vending, Inc., 250 Ga. App. 607 (2001).

DUI - Administrative Procedures. Reversing a case noted earlier, the Supreme Court held that the Administrative Procedure Act did not require the state to publish guidelines for granting permits to administer breath tests in order for the tests to be admissible. State v. Bowen, 274 Ga. 1 (2001).

Criminal - Speedy Trial. Trial courts should deny requests for leave of absence that would leave too narrow a window for trying criminal matters consistently with speedy trial demands. State v. Dodge, 251 Ga. App. 361 (2001).