Cook v. Glover

• Decision Date: 26 August 2014
• Docket Number: No. A12A2506.,A12A2506.
• Citation: 763 S.E.2d 272 (Mem),328 Ga.App. 868
• Parties: COOK et al v. GLOVER.
• Court: Georgia Court of Appeals

328 Ga.App. 868

763 S.E.2d 272 (Mem)

COOK et al

v.GLOVER.

No. A12A2506.

Court of Appeals of Georgia.

Aug. 26, 2014.

Joel Kevin Tharpe, Gainesville, for Appellant.

Jason Samuel Naunas, Asst. Atty. Gen., Shalen S. Nelson, Sr. Asst. Atty. Gen., Samuel S. Olens, Atty. Gen., Michelle Townes, Asst. Atty. Gen., for Appellees.

Opinion

BRANCH, Judge.

In Cook v. Bottesch, 320 Ga.App. 796, 740 S.E.2d 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, 740 S.E.2d 752, applicable to Case No. A12A2506. See Cook v. Glover, 295 Ga. 495, 761 S.E.2d 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.

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.