Legal Opinion · Dissent

Goss Brothers Trucking v. Ashley

Court of Appeals of Georgia

Decided January 23, 1998No. A97A0888Published

1Dissent

Judge Harold R. Banke,

dissenting.

I respectfully dissent because I cannot agree that the trial court manifestly abused its discretion in denying Goss’ motion for mistrial. See Ga. Power Co. v. Hinson, 179 Ga. App. 263, 270 (7) (346 SE2d 73) (1986). Appellate courts should not interfere with the exercise of discretion unless wrong or oppression has resulted from an abuse of its use. Dubose v. Ross, 222 Ga. App. 99, 100 (473 SE2d 179) (1996).

Ashley sued Goss as a common carrier and instituted a direct action against Canal Insurance Company (“Canal”) under OCGA § 46-7-12 (e). The fact that…

2Cases cited8 opinions

  1. Locke v. VonaltCourt of Appeals of Georgia · 1989
  2. Tarleton v. Griffin Federal Savings BankCourt of Appeals of Georgia · 1992
  3. Carolina Casualty Insurance Company v. DavalosSupreme Court of Georgia · 1980
  4. Smith v. CrumpCourt of Appeals of Georgia · 1996
  5. Dubose v. RossCourt of Appeals of Georgia · 1996

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