COOK Et Al v. GLOVER

Court of Appeals of Georgia

COOK Et Al v. GLOVER

763 S.E.2d 272, 328 Ga. App. 868

CourtCourt of Appeals of Georgia

DecidedSeptember 10, 2014

DocketA12A2506

StatusPublished

This text of 763 S.E.2d 272 (COOK Et Al v. GLOVER) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

COOK Et Al v. GLOVER, 763 S.E.2d 272, 328 Ga. App. 868 (Ga. Ct. App. 2014).

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Opinion

Branch, Judge.

In Cook v. Bottesch, 320 Ga. App. 796 (740 SE2d 752) (2013), this Court addressed whether the Georgia Department of Community Health (DCH) correctly imposed an asset transfer penalty on four applicants for Medicaid benefits. In three of the cases, 1 this Court reversed the ruling of the relevant superior courts that had reversed the penalty imposed by DCH. Id. In Case No. A12A2506, which is now again before us, we reversed the decision of the superior court, which had upheld the penalty imposed by DCH on applicant Jerry L. Glover. Id. On writ of certiorari, the Supreme Court of Georgia reversed that portion of our decision in Cook v. Bottesch, 320 Ga. App. 796, applicable to Case No. A12A2506. See Cook v. Glover, 295 Ga. 495 (761 SE2d 267) (2014). We therefore vacate that portion of our earlier opinion applicable to Case No. A12A2506, adopt the Supreme Court’s opinion as our own with regard to that case, and affirm the judgment of the superior court.

Judgment affirmed.

Miller and Ray, JJ., concur. *869 Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Michelle Townes, Jason S. Naunas, Assistant Attorneys General, for appellees.

1

Cook v. Bottesch, Case No. A12A2268; Cook v. Shorey, Case No. A12A2269; and Cook v. Robertson, Case No. A13A0006. In April 2013, this Court issued remittiturs to the trial court in each of those cases.

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Branch, Judge.

In Cook v. Bottesch, 320 Ga. App. 796 (740 SE2d 752) (2013), this Court addressed whether the Georgia Department of Community Health (DCH) correctly imposed an asset transfer penalty on four applicants for Medicaid benefits. In three of the cases, 1 this Court reversed the ruling of the relevant superior courts that had reversed the penalty imposed by DCH. Id. In Case No. A12A2506, which is now again before us, we reversed the decision of the superior court, which had upheld the penalty imposed by DCH on applicant Jerry L. Glover. Id. On writ of certiorari, the Supreme Court of Georgia reversed that portion of our decision in Cook v. Bottesch, 320 Ga. App. 796, applicable to Case No. A12A2506. See Cook v. Glover, 295 Ga. 495 (761 SE2d 267) (2014). We therefore vacate that portion of our earlier opinion applicable to Case No. A12A2506, adopt the Supreme Court’s opinion as our own with regard to that case, and affirm the judgment of the superior court.

Judgment affirmed.

Miller and Ray, JJ., concur. *869 Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Michelle Townes, Jason S. Naunas, Assistant Attorneys General, for appellees.

1

Cook v. Bottesch, Case No. A12A2268; Cook v. Shorey, Case No. A12A2269; and Cook v. Robertson, Case No. A13A0006. In April 2013, this Court issued remittiturs to the trial court in each of those cases.

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Bluebook (online)

763 S.E.2d 272, 328 Ga. App. 868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-et-al-v-glover-gactapp-2014.

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