Legal Opinion

Cox v. Garvin

Supreme Court of Georgia

Decided January 10, 2005No. S04G1152PublishedCited by 6 opinions

1Opinion of the Court

HINES, Justice.

We granted certiorari in Garvin v. Secretary of State, 266 Ga. App. 66 (596 SE2d 166) (2004), to determine whether the Court of Appeals erred in concluding that the term “willfully” as used in OCGA § 10-5-13 (a) (1) (A) (iv) requires a knowing and intentional violation of the Georgia Securities Act of 1973 (“Act”), OCGA§ 10-5-1 et seq. For the reasons which follow, we find that the Court of Appeals set an incorrect standard for establishing a willful violation in order to impose an administrative penalty under OCGA § 10-5-13(a) (1) (A) (iv); the term “willfully” requires proof…

2Cases cited14 opinions

  1. Wonsover v. Securities & Exchange CommissionCourt of Appeals for the D.C. Circuit · 2000
  2. State v. HodgeSupreme Court of Kansas · 1969
  3. State v. AndresenSupreme Court of Connecticut · 2001
  4. Dunwoody Country Club of Atlanta, Inc. v. FortsonSupreme Court of Georgia · 1979
  5. State v. FriesNebraska Supreme Court · 1983

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3Cited by6 opinions

  1. Cawthon v. StateCourt of Appeals of Georgia · 2019
  2. Plummer v. PlummerSupreme Court of Georgia · 2019
  3. American Home Services, Inc. v. A Fast Sign Co.Court of Appeals of Georgia · 2013
  4. American Home Services, Inc. v. a Fast Sign CoCourt of Appeals of Georgia · 2013
  5. Garvin v. Secretary of StateCourt of Appeals of Georgia · 2005

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