Legal Opinion · Dissent

Cox v. Department of Human Resources

Court of Appeals of Georgia

Decided March 14, 1985No. 69512Published

1DissentBenham, Judge

Having profound misgivings as to the far-reaching implications of the majority opinion and the conclusions reached in Divisions 3 and *3834, I respectfully dissent.

The factual posture of the proceedings below is sufficiently explained in the majority opinion and needs no further explanation here.

While I do not take issue with the statutory obligation to reimburse provided for in OCGA § 19-11-5 and as discussed in Divisions 1 and 2 of the majority opinion, I do take issue with the procedural framework for collection authorized in Divisions 3 and 4. At common law, public welfare agencies had no…

2Cases cited2 opinions

  1. Burns v. SwinneySupreme Court of Georgia · 1984
  2. In re the Estate of LainezNew York Surrogate's Court · 1979

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