The lobby of the Nathan Deal Judicial Center, Atlanta. (Photo: John Disney/ ALM) Judicial Restraint Could Make or Break This Ga. Appellant's Argument for Venue-Anchoring
"I don't know that we really should care about policy," said Presiding Judge Stephen Dillard. "It's only what the statute says, and you may be right on that, you may not be right on that, but that's what I'm not getting."
May 01, 2024 at 05:01 PM
5 minute read
What You Need to Know
- Plaintiffs in a car wreck case appealed the dismissal of named defendant after he settled, arguing they needed him as a party to anchor the venue.
- The defendant-appellees, however, say there are already statutes in place to deal with this and the venue is a right of the defendant.
- The plaintiff-appellant argued that an appellee win would be bad policy, but Presiding Judge Stephen Dillard didn't seem convinced.
The Court of Appeals appeared somewhat hesitant to reverse a trial court order allowing a venue-anchoring defendant to be dismissed after settling out of a case, while the plaintiff still had claims against other parties at oral argument on Wednesday.
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