Termnet Merchant Services, Inc. v. Phillips

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that “[i]n its ordinary signification, ‘shall’ is a word of command, and the context ought to be very strongly persuasive before that word is softened into a mere permission[.]”
• “[T]he trial court is without discretion to deny fees under [OCGA §] 13-1-11 when all the conditions of that statute are unquestionably satisfied.”
• “When construing statutory phrases,... we note that in its ordinary signification, ‘shall’ is a word of command, and the context ought to be very strongly persuasive before that word is softened into a mere permission.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

16 cases in this archive cite this case.

• Patton v. Vanterpool
  Supreme Court of Georgia· 2017-10-16· cited 26×
• Cox v. Fowler
  Supreme Court of Georgia· 2005-06-06· cited 18×
• Kroger Co. v. U. S. Foodservice of Atlanta, Inc.
  Court of Appeals of Georgia· 2004-11-19· cited 14×
• Lockwood v. Federal Deposit Insurance Corporation
  Court of Appeals of Georgia· 2015-01-12· cited 12×
• Austin v. Bank of America, N.A.
  Supreme Court of Georgia· 2013-05-20· cited 12×
• FAS Capital, LLC v. Carr
  N.D. Georgia· 2014-03-20· cited 12×
• Hansen & Hansen Enterprises, Inc. v. SCSJ Enterprises, Inc.
  Court of Appeals of Georgia· 2009-07-10· cited 11×
• Cheeley Investments, Lp v. John Zambetti
  Court of Appeals of Georgia· 2015-04-10· cited 9×
• Smith v. Khalif (In Re Khalif)
  N.D. Georgia· 2004-04-26· cited 7×
• WRIGHT v. BROWN Et Al.
  Court of Appeals of Georgia· 2016-03-02· cited 6×
• Cooney v. Burnham
  Supreme Court of Georgia· 2008-02-11· cited 5×
• Branch Banking & Trust Co. v. Lichty Bros. Construction
  Eleventh Circuit· 2012-08-30· cited 5×
• Stonecrest Land, LLC v. Res-Ga Scl, LLC
  Court of Appeals of Georgia· 2015-07-23· cited 3×
• Fulton County Board of Tax Assessors v. Toro Properties Vi, LLC
  Court of Appeals of Georgia· 2014-09-10· cited 1×
• Bainbridge Limited Lp v. Dekalb County Tax Assessors
  Court of Appeals of Georgia· 2022-02-15
• Termnet Merchant Services, Inc. v. Phillips
  Court of Appeals of Georgia· 2003-12-10

Cites

9 cases in this archive are cited by this case.

• General Electric Credit Corp. v. Brooks
  Supreme Court of Georgia· 1978-09-08· cited 82×
• Garrison v. Perkins
  Supreme Court of Georgia· 1912-03-02· cited 48×
• State v. Mills
  Supreme Court of Georgia· 1998-01-12· cited 27×
• Ring v. Williams
  Court of Appeals of Georgia· 1989-07-14· cited 26×
• Woods v. General Electric Credit Auto Lease, Inc.
  Court of Appeals of Georgia· 1988-05-03· cited 11×
• State v. Brantley
  Court of Appeals of Georgia· 1978-10-16· cited 10×
• Dalcor Management, Inc. v. Sewer Rooter, Inc.
  Court of Appeals of Georgia· 1992-10-02· cited 10×
• Specialty Investment Corp. v. Village Apartment Associates (In Re Village Apartment Associates)
  N.D. Georgia· 1981-02-19· cited 7×
• Phillips v. TermNet of New Mexico, Inc.
  Court of Appeals of Georgia· 2003-06-09· cited 4×

Other cases named Termnet Merchant Services, Inc. v. Phillips

1 other CourtListener record shares this case name.

• Termnet Merchant Services, Inc. v. Phillips
  Court of Appeals of Georgia· 2003-12-10