Fulton County Superior Court

Court Finds Arbitration Clause Waived Due To Delay In Demanding Arbitration


CONTRACTUAL RIGHT TO ARBITRATION WAIVED BY DELAY AND PREJUDICE TO OPPOSING PARTY The Georgia Court of Appeals chipped away at the trend to submit cases to arbitration whenever possible in SunTrust Bank v. Lilliston, 338 Ga. App. 738, 791 S.E.2d 614 (2016),  According to the court of appeals, this was a case of first impression….

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Service By Publication Allowed Against Defendant Intentionally Evading Personal Service

This case concerned a defendant who was aware that the plaintiff was attempting personal service of the complaint. The defendant intentionally avoided personal service despite several attempts by the plaintiff to perfect service.  The Georgia Court of Appeals’ decision in Cascade Parc Property Owners Association, Inc., v. Clark, 336 Ga. App. 99, 783 S.E.2d 692…

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This case began when Met-Test, LLC, filed suit in magistrate court to collect unpaid bills from Sondi Moore-Waters, a physician,.  The magistrate court dismissed the suit, and Med-Test appealed to Fulton County Superior Court.  Med-Test moved to amend its complaint to add two defendants:  Alphonso Waters, Moore-Waters’ husband and practice manager, plus Family Practice of…

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