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  • Perez v. Cunningham

    Publication Date: 2020-07-09
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Brad Macdonald, (Hill/MacDonald, LLC), Marietta, for appellant.
    for defendant: Christina Cunningham, Woodstock, for appellee.
    Case Number: A20A0601

    Court Erred in Retroactively Modifying Father's Child Support Obligation and Improperly Applying Upward Deviation Based on His Lack of Parenting Time

  • Georgia Department of Transportation v. Mixon

    Publication Date: 2020-07-09
    Practice Area: Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Christopher Carr, Kathleen Pacious, Loretta Pinkston-Pope, (Attorney General), Atlanta, Angela Cusimano, (Georgia Department of Law), Atlanta, for appellant.
    for defendant: Douglas Gibson, (Gibson & Associates, PC), Waycross, for appellee.
    Case Number: A20A0690

    Sovereign Immunity Was Waived for Nuisance Claim; Inverse Condemnation Claim Arose Out of Alleged Nuisance to Which Sovereign Immunity Is Inapplicable

  • Row Equipment, Inc. v. Norfolk Southern Railway Company

    Publication Date: 2020-07-09
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Brent Savage, Samuel Mikell, (Savage, Turner, Durham, Pinckney & Savage), Savannah, for appellant.
    for defendant: John Stewart, (Hall, Bloch, Garland & Meyer), Macon, for appellee.
    Case Number: A20A0679

    Plaintiff Fails to Show That Forum Selection Clause Was Included in Contract as the Result of Fraud, or That the Right to Enforce it Was Waived

  • Zahler v. National Collegiate Student Loan Trust 2006-1

    Publication Date: 2020-07-09
    Practice Area: Contracts | Contractual Disputes
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: J Graddy, (Graddy Law LLC), Atlanta, Richard Evins, (The Evins Law Firm, LLC), Woodstock, Ashley Hughes, (Smith & Liss, LLC), Atlanta, for appellant.
    for defendant: Brannon Carson, (Roosen, Varchetti & Olivier PLLC), Atlanta, Cherice Tadday, (Roosen, Varchetti & Olivier PLLC), Smyrna, Kirsten Smith, (Sessions, Fishman, Nathan & Israel), Metairie, for appellee.
    Case Number: A20A0468

    Genuine Issue of Material Fact Exists as to Terms and Conditions of Credit Agreement; Court Reverses Summary Judgment Granted to Student Loan Trust

  • Brown v. The State

    Publication Date: 2020-07-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Sean Lowe, (Assistant Public Defender), Ringgold, Jonathan Hamrick, (Rome Circuit Public Defender Office), Rome, for appellant.
    for defendant: Leigh Patterson, Finnis Salmon, (District Attorney), Rome, for appellee.
    Case Number: A20A0337

    Court affirms marijuana trafficking and related convictions over defendant's challenges to sufficiency of evidence and contentions of trial court error

  • Hunter et al. v. Lowndes County Health Services, LLC

    Publication Date: 2020-07-08
    Practice Area: Contracts | Dispute Resolution
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Ervin Gerson, (Ervin H. Gerson PC), Atlanta, Paul Hermann, (Attorney at Law), Atlanta, for appellant.
    for defendant: Alphonso Howell, Gregory Talley, (Coleman Talley LLP), Valdosta, for appellee. James Thagard, (Young, Thagard, Hoffman, Scott & Smith), Valdosta, for other party.
    Case Number: A20A0322

    Court reverses order granting a motion to compel arbitration because the defendant never demonstrated its assent to that agreement before the plaintiff revoked her assent

  • Schaeffer v. Kearney

    Publication Date: 2020-07-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Daniel Lee, (Attorney for the City of Sandy Springs), Sandy Springs, Sean Ryan, (Freeman Mathis & Gary, LLP), Atlanta, for appellant.
    for defendant: Crail Lewis, (Law Office of Crail A. Lewis, LLC), Atlanta, for appellee.
    Case Number: A20A0264

    Court reverses an order granting a writ of mandamus to bound a municipal matter over to superior court because petitioner's correct remedy was a writ of certiorari

  • Spirnak v. Meadows

    Publication Date: 2020-07-08
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Beverly Cohen, (Attorney at Law), Roswell, for appellant.
    for defendant: Kathryn Meadows, Ruskin, for appellee.
    Case Number: A20A0158

    Court affirms denial of claimant's petition to modify a child custody and visitation order but remands for reconsideration of certain payment and fee awards

  • Oates v. The State

    Publication Date: 2020-07-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: David Lock, (David T. Lock, LLC), Savannah, for appellant.
    for defendant: Margaret Heap, Emily Puhala, (District Attorney), Savannah, for appellee.
    Case Number: A20A0282

    Court affirms rape, statutory rape, and child molestation convictions over defendant's contentions of insufficient evidence and trial court error

  • Crawford v. The State

    Publication Date: 2020-07-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Colvin
    Attorneys: For plaintiff: Konrad Ziegler, (Lee & Ziegler, LLP), Canton, for appellant.
    for defendant: John McClellan, Leigh Patterson, (Assistant District Attorney), Rome, for appellee.
    Case Number: A20A0187

    Court vacates assault and rape convictions and remands case with direction for the trial court to hold a competency hearing