• Bell et al. v. Cross

    Publication Date: 2024-03-28
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Samuel Alderman, (Attorney At Law), Macon, for appellant.
    for defendant: Dana Davis, (Tucker Davis Law LLC), East Point, for appellee.

    Case Number: A23A1772

    Court reverses summary judgment order for specific performance in lease-option dispute and remands for further proceedings, citing ambiguities and potential waiver of variances in acceptance

  • Naik v. Hyde Park Homes, Inc.

    Publication Date: 2024-03-28
    Practice Area: Contracts
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Udai Singh, (Attorney At Law), Duluth, for appellant.
    for defendant: James Morton, (Attorney At Law), Atlanta, for appellee.

    Case Number: A23A1206

    Court affirms summary judgment for a home builder in a dispute over the builder's retention of a nonrefundable deposit in a property assignment agreement

  • Cardea Corporate Holdings, Inc. v. Larocco

    Publication Date: 2024-03-28
    Practice Area: Corporate Entities
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Thomas Clyde, Brittany Herbert, (Kilpatrick Townsend & Stockton LLP), Atlanta, for appellant.
    for defendant: Brian Burkhalter, April Freeman, Paul Grote, (Burkhalter Law LLC), Atlanta, for appellee.

    Case Number: A23A1726

    Court vacates order for records inspection, citing due process violation in not allowing a corporation to respond, and remands for further proceedings

  • Combs v. The State

    Publication Date: 2024-03-27
    Practice Area: Criminal Law
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Monroe, (John Monroe Law, P.C.), Dawsonville, for appellant.
    for defendant: William Langley, (District Attorney), Blairsville, Francis Moran, (Lumpkin County District Attorney’s Office), Dahlonega, for appellee.

    Case Number: A23A1704

    Court affirms one conviction for theft by conversion by a business partner but reverses a second conviction due to lack of evidence that funds were not used for business purposes

  • Shackelford et al. v. Georgia Department of Public Safety

    Publication Date: 2024-03-27
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Donald Jordan, (Adams Jordan & Treadwell, P.C), Milledgeville, Savanna Roughen, (Adams, Jordan & Herrington, P.C.), Macon, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Kimberly Schwartz, (Assistant District Attorney), Marietta, Angela Cusimano, (Georgia Department of Law), Atlanta, for appellee.

    Case Number: A23A1649

    Court affirms dismissal on sovereign immunity grounds of negligence claims against Department of Public Safety for injuries that resulted from a collision in a high-speed police pursuit

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    Authors: Janet K. Colaneri

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  • Amos et al. v. Creative Consulting Services, Inc. et al.

    Publication Date: 2024-03-26
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: David Hughes, (Hall Hirsh Hughes, LLC), Decatur, for appellant.
    for defendant: Douglas Esq, Anelise Codrington, (Chartwell Law), Atlanta, for appellee.

    Case Number: A23A1609

    Court reverses summary judgment that had favored a care coordination agency in a wrongful death lawsuit, noting genuine issues of material fact as to the agency's oversight of a care facility

  • Carnegay v. Wal-Mart Stores, Inc. et al.

    Publication Date: 2024-03-26
    Practice Area: Civil Appeals
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Craig Jones, (Craig T. Jones, PC), Savannah, Steven West, (Days & West, P. C.), Atlanta, for appellant.
    for defendant: Leslie Becknell, Michael Miller, Douglas Smith, (Drew, Eckl & Farnham, LP), Atlanta, for appellee.

    Case Number: A23A1758

    Court affirms summary judgment for retailer and against plaintiff who sued for battery and false imprisonment after a security officer beat him with a baton in a shoplifting incident

  • Caskey v. The State

    Publication Date: 2024-03-26
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Amy Hayes, (Attorney at Law), Newnan, for appellant.
    for defendant: Amy Godfrey, Ashley Nechay, Sandra Wisenbaker, (Coweta County Solicitor General’s Office), Newnan, for appellee.

    Case Number: A24A0175

    Court remands a misdemeanor case for a hearing on defendant's claim of ineffective assistance of counsel in the plea process to determine if defendant understood the consequences of his plea

  • Georgia Division, Sons of Confederate Veterans v. Downs

    Publication Date: 2024-03-25
    Practice Area: Administrative Law | Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Walker Chandler, Peachtree City, for appellant.
    for defendant: Timothy Buckley, Taylor Hensel, (Buckley Christopher, PC), Atlanta, Bennett Bryan, Laura Johnson, (DeKalb County Law Department), Decatur, for appellee.

    Case Number: A22A0663

    Court clarifies that organizations do not have standing but individuals plaintiffs do have standing to challenge removal of a Confederate monument, and remands for analysis of sovereign immunity issues

  • Williams v. Kasulka Properties, LP et al.

    Publication Date: 2024-03-25
    Practice Area: Personal Injury | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Dozier, Ashley Cameron, Lindsay Simmons, (Dozier Law Firm), Macon, for appellant.
    for defendant: R. Anderson, (Attorney at Law), Macon, Callie Bryan, (Jones Cork & Miller, LLP), Macon, Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, Kevin Wangerin, (Bullard, Wangerin, & Corbett, LLP), Macon, Cody McCollum, (Vernis & Bowling of Atlanta LLC), Atlanta, for appellee; Matthew Del Campo, (Gray, Rust, St. Amand, Moffett & Brieske, LLP), Atlanta, for other party.

    Case Number: A23A1528

    Court affirms summary judgment for a landlord and property managers in premises liability case, finding that the landlord under OCGA § 44-7-14 and that the managers also owed no legal duty