Daniel v. Fulton County
Court of Appeals of Georgia
1DissentBoggs, Judge
I believe that a remand is not appropriate in this case because there is no indication that the trial court failed to consider the three factors of Zahabiuon v. Automotive Finance Corp., 281 Ga. App. 55 (635 SE2d 342) (2006), the court was not required to make any findings regarding these factors, and in any case the factors are merely advisory. I would therefore address the merits and affirm the trial court’s ruling. For these reasons, I respectfully dissent.
1. The majority concludes that we should remand this case for the trial court to consider whether Daniel would derive an unfair…
2Cases cited7 opinions
- New Hampshire v. MaineSupreme Court of the United States · 2001
- IBF Participating Income Fund v. Dillard-Winecoff, LLCSupreme Court of Georgia · 2002
- Smalls v. WalkerCourt of Appeals of Georgia · 2000
- Green v. Sun Trust Banks, Inc.Court of Appeals of Georgia · 1990
- Sevostiyanova v. Tempest Recovery Services, Inc.Court of Appeals of Georgia · 2011
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