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Leila Robinson Lewis Smith v. Associated Credit Union, Inc.
Paid petition · Supreme Court of Georgia, No. S17C1844 · judgment December 11, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Did the Court(s) err in not providing findings of fact and conclusions of law in their orders as required as per Federal Rule 52? Did the Court(s) err in accepting Appellee's overriding claim that Appellant's case is frivolous and thereby persisted in not finding for her contrary to facts involving 18 U.S. Code Chapter 63 and FDIC 1341 and with Federal Rule 11? (At the state court March 15, 2017 hearing, said court did find that the Appellee's case was frivolous as was evidenced in its finding for award of attorney's fees for Appelleelacking substantial justification being a requirement for attorney's fees. Substantial justification actually is a strong point for Appellant's case.) Did the State Court err when it did not consider Appellee breach of contract as ending said contract and also ending immunity? (T1-p.43-44) Did State court err when, contrary to O.C.G.A. § 9-3-96, it did not use tolling requirement instead determining Complaint filing as being too late for intentional infliction of emotional distress time limitation? (Federal Concealment Doctrine) Did the State Court err when it was dismissive of ACU 10-25-2011 letter as not meeting the standard of intentional infliction of emotional distress? William L. Prosser, Law of Torts 56 (4th ed. 1971) Did the State Court err in assuming that Appellee had immunity from all claims and not considering ACU's admissions of knowledge of Appellant concerns about account security before account dis-
Counsel of record
For petitioner
Leila Robinson Lewis Smith
For respondent
John Patrick O'Brien
Thompson, O'Brien, Kemp & Nasuti, P.C.
Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 16 2018Petition DENIED.
- Mar 28 2018DISTRIBUTED for Conference of 4/13/2018.
- Mar 20 2018Waiver of right of respondent Associated Credit Union, Inc. to respond filed.
- Mar 09 2018Petition for a writ of certiorari filed. (Response due April 13, 2018)