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  • Edwards v. Smith

    Publication Date: 2023-10-02
    Practice Area: Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Patrician Burton, Ross Bergethon, Christopher Carr, Tina Piper, Amy Radley, (Attorney General), Atlanta for appellant,
    for defendant: Michele Young, Paige Jann, (Georgia Justice Project), Atlanta, for appellee.
    Case Number: A22A1646

    Court reverses an order granting a writ of quo warranto against a district attorney, ruling that the quo warranto statute cannot be used to challenge his actions while in office

  • Flat Creek Falls, LLC v. Labat, Solely in his Capacity as Sheriff of Fulton County et al.

    Publication Date: 2023-09-19
    Practice Area: Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: John Clark, (Clark Caskey, LLC), Atlanta, for appellant.
    for defendant: William Sams, (W. Shannon Sams Law, P.C.), Atlanta, Victoria Kealy, Thomas Whitley, (Office of the Fulton County Attorney), Atlanta, Meredith Germain, Valerie Ross, (Turner Ross Germain, LLC), Marietta, Bradley Hutchins, (Weissman, PC), Atlanta, Joshua Adams, (Internal Revenue Service), Seattle, for appellee.
    Case Number: A23A1145

    City's Lien Against Real Property Could Not Be Satisfied From Excess Funds Remaining After Tax Sale

  • H. J. Russell & Company v. Landmark American Insurance Company et al.

    Publication Date: 2023-09-05
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: David Bersinger, James Leonard, Christopher Daniels, (Barnes & Thornburg LLP), Atlanta, for appellant.
    for defendant: Anne Landrum, Wayne Taylor, (Mozley Finlayson & Loggins), Atlanta, Paul Fields, Ann Kirk, Taryn Kadar, (Fields Howell LLP), Atlanta, Anthony Morris, Anthony Morris, (Akerman LLP), Atlanta, Wayne Taylor, (Mozley Finlayson & Loggins), Atlanta, Taylor Davis, Robert Fisher, Jocelyn DeMars, (Clyde & Co. US, LLP), Atlanta, Jeremy Burnette, (Polsinelli, P.C.), Atlanta, for appellee.
    Case Number: A23A0944

    Court affirms dismissal of an insured party's breach of contract claims against insurers that were based on intangible losses associated with the COVID-19 pandemic

  • City of Atlanta et al. v. Sebastian

    Publication Date: 2023-08-28
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Marc Sirotkin, Timothy Lemke, (Swift Currie), Atlanta, for appellant.
    for defendant: Kyle Johnston, (The Law Office of Kyle D. Johnston), Atlanta, for appellee; Amy Urban, (Georgia State Board of Workers’ Compensation), Atlanta, for other party; Todd Maziar, Atlanta, for AM.
    Case Number: A23A1185

    Court affirms the reversal of the suspension of benefit, reinstatement of worker's compensation, and attorney fee award for injured City policeman

  • City of Brookhaven v. Multiplex, LLC

    Publication Date: 2023-08-24
    Practice Area: Contractual Disputes | Government
    Industry: Construction | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Christopher Balch, (Balch Law Group), Atlanta, William Downs, Benjamin Baker, (Downs Law, LLC), Atlanta, for appellant.
    for defendant: Robert Thomas, Jaletta Smith, Dana Lohrberg, (Andersen, Tate & Car, P.C.), Duluth, Alexander Caskey, (Elekta, Inc.), Atlanta, for appellee.
    Case Number: A23A0843

    "Delay" Clause in Construction Contract Not Enforceable Liquidated Damages Provision

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    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • Dunn et al. v. City of Stonecrest et al.

    Publication Date: 2023-08-21
    Practice Area: Administrative Law | Environmental Law | Government
    Industry: Manufacturing | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Christopher Carr, Margaret Eckrote, Robin Leigh, (Assistant Attorney General), Atlanta, Christopher Held, (Georgia Department of Law), Atlanta, for appellant.
    for defendant: Todd Pearson, (Molden & Associates), Atlanta, Winston Denmark, (Fincher Denmark LLC), Jonesboro, Paul Dzikowski, (Law Office of Paul J Dzikowski PC), Norcross, April Lipscomb, (Southern Environmental Law Center), Atlanta, Robert Sherrier, Atlanta, for appellee; Joshua Belinfante, Vincent Russo, Rachel Gage, Richard Robbins, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, Matthew Benson, Brian Easley, (Mahaffey Pickens Tucker, LLP), Lawrenceville, Clark Candler, (Hall County District Attorneys Office), Gainesville, Noah Priest-Goodsett, (DeKalb County Law Department), Decatur, for other party.
    Case Number: A23A0655

    State Environmental Agency Had Jurisdictional Authority to Grant Solid Waste Handling Permit to Recycler

  • Justice v. Georgia Department of Public Safety

    Publication Date: 2023-08-17
    Practice Area: Contractual Disputes
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Batson, (Attorney at Law), Augusta, John Czura, (Attorney at Law), Evans, McCracken Poston, (Attorney at Law), Ringgold, Jeffrey Peil, (Huggins Peil, LLC), Evans, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Katherine Stoff, (State Law Department), Atlanta, Mary Greaber, (Georgia Law Department), Atlanta, for appellee.
    Case Number: A23A0160

    Court reverses dismissal of a state trooper's breach of contract action, finding that correspondence created a written contract waived sovereign immunity

  • Hall County v. Cook Communities

    Publication Date: 2023-08-16
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Dana Maine, Marrissa Dunn, (Freeman Mathis & Gary LLP), Atlanta, Kevin Ketner, Atlanta, for appellant.
    for defendant: Jane Range, (Hulsey, Oliver & Mahar), Gainesville, for appellee.
    Case Number: A23A0055

    Court affirms an order denying County's motion to dismiss a lawsuit challenging a rezoning decision, finding that the challenge was legislative and not quasi-judicial.

  • Sons of Confederate Veterans v. Henry County Board of Commissioners

    Publication Date: 2023-08-16
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Walker Chandler, Peachtree City, Timothy King, (Hodges, McEachern & King), Peachtree City, for appellant.
    for defendant: Megan Martin, Patrick Jaugstetter, (Jarrard & Davis, LLP), Cumming, for appellee; Mawuli Davis, (The Davis Bozeman Law Firm PC), Decatur, Maryum Jordan, (Lawyers’ Committee for Civil Rights Under Law), Washington, for AM.
    Case Number: A21A0734

    Court affirms trial court holding that an individual's lawsuit for injunctive relief over removal of a Confederate monument is barred by sovereign immunity.

  • Department of Transportation v. 0.095 Acres of Land et al.

    Publication Date: 2023-08-10
    Practice Area: Civil Appeals | Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Robert Dyer, Samuel Rusbridge, (Dyer & Rusbridge, P.C.), Canton, for appellant.
    for defendant: Donald Evans, (Evans Law Firm), Cartersville, for appellee.
    Case Number: A23A0136

    Transportation Department Did Not Preserve Evidentiary Objections to Compensation Award to Former Property Owners