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Publication Date: 2024-04-25 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Judge Pipkin Attorneys:For plaintiff: Brett Adams, (Ellis C. Smith, Attorney at Law), LaGrange, for appellant. for defendant: John Cranford, (Coweta Judicial Circuit), Newnan, John Winne, (Coweta Judicial Circuit District Attorney’s Office ), Lagrange, for appellee. Case Number: A23A1412
Court affirms convictions for firearm possession and other crimes over defendant's challenges to sufficiency of evidence, improper denial of a motion to suppress, and wrongful seizure of evidence
Publication Date: 2024-04-25 Practice Area:Health Care Law Industry:Health Care Court:Georgia Court of Appeals Judge:Judge Land Attorneys:For plaintiff: Brian Parker, (The Parker Firm, LLC.), Alpharetta, Irwin Ellerin, (Ellerin Law Firm), Atlanta, Stephen McElwee, (Wells & McElwee), Athens, for appellant. for defendant: Craig Brookes, Brian Mathis, (Huff Powell Bailey, LLC), Atlanta, Karen Smiley, (Hanks Brookes LLC), Atlanta, for appellee. Case Number: A23A1435
Court affirms summary judgment in favor of a nursing facility on appellants' claims for ordinary negligence and professional negligence
Publication Date: 2024-04-25 Practice Area:Contracts | Real Estate Industry:Real Estate Court:Georgia Court of Appeals Judge:Presiding Judge McFadden Attorneys:For plaintiff: Cara Clark, (Dwayne C. Singleton, LLC), Griffin, for appellant. for defendant: Marie Broder, (Spalding County District Attorney’s Office), Griffin, for appellee. Case Number: A23A1302
Court reverses summary judgment order and rules that an oral promise to convey a life estate in real estate may be enforceable under specific circumstances
Publication Date: 2024-04-24 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Presiding Judge McFadden Attorneys:For plaintiff: John Bradley, (Ocmulgee Circuit Public Defender's Office), Milledgeville, Brian Cathey, (Brian Cathey Law), Athens, for appellant. for defendant: Tuttle Barksdale, (Ocmulgee Circuit District Attorneys Office), Eatonton, Jeff Burks, (Ocmulgee Circuit District Attorneys Office), Madison, for appellee. Case Number: A24A0008
Court affirms burglary conviction over defendant's challenge to sufficiency of evidence, which showed defendant's attempt to unlawfully enter a residence
Publication Date: 2024-04-24 Practice Area:Trusts and Estates Industry: Court:Georgia Court of Appeals Judge:Presiding Judge McFadden Attorneys:For plaintiff: C. Adams, Jared Roberts, (Attorney at Law), Douglas, for appellant. for defendant: Timothy Tanner, (Attorney at Law), Valdosta, for appellee. Case Number: A24A0111
Court confirms validity of will and rejects caveators' claims of testator's lack of testamentary capacity and undue influence by named beneficiary
Publication Date: 2024-04-24 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Presiding Judge Dillard Attorneys:For plaintiff: Benjamin Goldberg, (The Law Office of Ben Goldberg, LLC), Mableton, for appellant. for defendant: Flynn Broady, Linda Dunikoski, (Cobb County District Attorney's Office), Marietta, for appellee. Case Number: A24A0358
Court affirms convictions for rape and related charges over defendant's challenges of juror's compromise, ineffective assistance of counsel, and insufficient evidence
Publication Date: 2024-04-23 Practice Area:Personal Injury Industry:Entertainment and Leisure Court:Georgia Court of Appeals Judge:Judge Rickman Attorneys:For plaintiff: Rebecca Strickland, Kelly Chartash, (Swift, Currie, McGhee & Hiers, LLC), Atlanta, for appellant. for defendant: Je'Nita Lane, (The J. Lane Law Group, P.C.), Albany, for appellee. Case Number: A23A1463
Court reverses denial of amusement park's motion for summary judgment in a personal injury case, finding that park patron assumed the risk of injury in a go-kart collision incident
Publication Date: 2024-04-23 Practice Area:Contractual Disputes Industry:Health Care Court:Georgia Court of Appeals Judge:Presiding Judge Barnes Attorneys:For plaintiff: Todd Poole, (Poole Huffman), Tucker, for appellant. for defendant: Joshua Mayes, Richard Robbins, Catherine Sullivan, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, for appellee; Garrett Nail, (Portnoy Garner & Nail LLC), Atlanta, for other party. Case Number: A23A1705
Court affirms summary judgment for rescission of contract, but reverses attorney fee award at summary judgment and remands for jury's consideration of fees
Publication Date: 2024-04-23 Practice Area:Real Estate Industry:Real Estate Court:Georgia Court of Appeals Judge:Presiding Judge Barnes Attorneys:For plaintiff: Kim Stroup, James Banter, (James Bates Brannan Groover, LLP), Macon, for appellant. for defendant: Michael Mayo, (Mayo Hill), Macon, for appellee. Case Number: A23A1762
Court affirms prescriptive ownership in a property dispute, finding that property claimants had possessed disputed property under a claim that was public, continuous, exclusive, and uninterrupted
Publication Date: 2024-04-22 Practice Area:Wrongful Death Industry:Entertainment and Leisure Court:Georgia Court of Appeals Judge:Presiding Judge Doyle Attorneys:For plaintiff: Martin Fierman, (Attorney at Law), Madison, Ben Fierman, (Fierman Law Firm), Madison, for appellant. for defendant: James Joedecke, Render Freeman, Tyler Dillard, Hayley Rymer, (Andersen Tate & Carr PC), Duluth, for appellee. Case Number: A23A1541
Court affirms $22 Million Award in wrongful death lawsuit against dirt bike trail operator, finding evidence of gross negligence that precluded operator's reliance on a waiver signed by decedent