Legacy Academy Inc. v. Mamilove LLC

The defendants were entitled to a directed verdict on the plaintiffs' claims for rescission, fraud, negligent misrepresentation and violation of the Georgia RICO statute in a dispute arising from a day care center franchise agreement.

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In Legacy Academy, Inc. v. Mamilove, LLC, 328 Ga. App. 775 761 SE2d 880 2014, this Court affirmed the jury’s verdict in favor of plaintiffs Mamilove, LLC, Michele Reymond, and Lorraine Reymond collectively, Mamilove. In Legacy Academy, Inc. v. Mamilove, LLC, 297 Ga. 15 771 SE2d 868 2015, the Supreme Court of Georgia reversed Divisions 4 and 5 of this Court’s opinion, finding that Legacy Academy, Inc. and its officers, Frank and Melissa Turner collectively, Legacy, were entitled to a directed verdict on Mamilove’s claims for rescission, fraud, negligent misrepresentation, and violation of the Georgia RICO statute. Accordingly, we vacate Divisions 4 and 5 of our opinion and adopt the opinion of our Supreme Court as our own in place of those divisions.

In light of the foregoing, Divisions 2, 3, 9, 10, and 11 of our previous opinion address issues which are now moot; accordingly, we vacate these divisions. The Supreme Court did not address Divisions 1, 6, and 8. The analysis in Division 7 of our opinion, in which we considered whether the trial court erred in denying Legacy’s motion for a directed verdict on its counterclaim for breach of contract, was based on two alternate grounds. That portion of Division 7 which is based on our conclusion that the jury found that the franchise agreement was rescinded, particularly the second sentence of the first paragraph of Division 7 and the accompanying citation, is inconsistent with the opinion of the Supreme Court. That portion of Division 7 is therefore vacated. See Shadix v. Carroll County, 274 Ga. 560, 563-564 1 554 SE2d 465 2001.

Legacy Academy Inc. v. Mamilove LLC

The defendants were entitled to a directed verdict on the plaintiffs' claims for rescission, fraud, negligent misrepresentation and violation of the Georgia RICO statute in a dispute arising from a day care center franchise agreement.

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