Legal Opinion · Dissent

MCDUFFIE v. OCMULGEE EMC Et Al.

Court of Appeals of Georgia

Decided August 23, 2018No. A16A0092Published

1DissentMcFadden, Presiding Judge

The parties filed cross-petitions for certiorari. As the majority explains, our Supreme Court granted Ocmulgee EMC's petition and reversed in part.

McDuffie's petition asked that my dissent be adopted. Our Supreme Court denied his petition and expressly declined to address the conclusion from which I dissented: "We did not grant McDuffie's certoriari petition seeking review of that fact-specific conclusion." Ocmulgee EMC v. McDuffie , 302 Ga. 640, 806 S.E.2d 546, (2017).

In light of this very particular set of circumstances, I respectfully adhere to my dissent.

2Cases cited1 opinion

  1. Ocmulgee EMC v. McDuffieSupreme Court of Georgia · 2017