• Graham v. Reynolds et al

    Practice Area: Civil Procedure|Medical Malpractice
    Industry:
    Date Filed: 2017-11-17 00:00:00:000
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Myers, Brynda Insley, Philip Henderson (Insley & Race LLC), Atlanta, for appellant.
    for defendant: Marc Metts (Metts Law Firm), Douglas; Patrick Jaugstetter (Power & Jaugstetter, P. C.), McDonough; Thomas McFarland (Bruce McFarland Law), McDonough, for appellee.

    Docket Number: A17A0709

    The trial court properly denied defendant's motion to dismiss plaintiffs' medical malpractice action because, contrary to defendant's contention, plaintiffs' expert's affidavit was sufficient to meet the requirements of O.C.G.A. 9-11-9.1.

  • In The Interest of E. B., a child

    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-11-17 00:00:00:000
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jared Roberts (Attorney at Law), Douglas, for appellant.
    for defendant: George Barnhill (District Attorney), Waycross; Ian Sansot (District Attorney's Office, Waycross Judicial Circuit), Douglas, for appellee.

    Docket Number: A17A0784

    The evidence was insufficient to support the juvenile's adjudications of delinquency for burglary and shoplifting but there was sufficient evidence to support his adjudication of delinquency for tampering with the operation of an electronic monitoring device.

  • In The Interest of K. G., a child.

    Practice Area: Family Law
    Industry:
    Date Filed: 2017-11-17 00:00:00:000
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Deidre Ricks (The Ricks Law Firm, LLC), Douglasville, for appellant.
    for defendant: Christy Draper (Attorney at Law), Douglasville, for appellee. Thinel Bishop (The Bishop Law Group), Villa Rica; Rosalind Watkins (Attorney at Law), Atlanta, for other party.

    Docket Number: A17A1309

    The Court affirmed the grant of permanent guardianship of the child to the child's aunt, because there was clear and convincing evidence authorizing the juvenile court to find that reunification was not in the best interests of the child based on the likelihood that it would only prolong her dependency.

  • Federal National Mortgage Association v. Harris

    Practice Area: Evidence|Real Estate
    Industry:
    Date Filed: 2017-11-17 00:00:00:000
    Court: Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Kimberly Rizzotti Weber, Allison Giardina (Aldridge Pite, LLP), Atlanta, for appellant.
    for defendant: Ricky Harris, Savannah, for appellee.

    Docket Number: A17A0694

    In a dispute over possession of certain real property, the trial court abused its discretion when it failed to consider whether certain documents were admissible under O.C.G.A. 24-9-901, which sets out the standards for the authentication and admission of unsealed or uncertified documents.

  • Summit At Scarborough Homeowners Association, Inc. v. Williams

    Practice Area: Contracts|Real Estate
    Industry:
    Date Filed: 2017-11-16 00:00:00:000
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Catherine Gibson McCauley (The Gibson Law Firm, LLC), Atlanta, for appellant.
    for defendant: Ltanya Williams, Ellenwood, for appellee.

    Docket Number: A17A1289

    The trial court erred in denying homeowners association's motion for court costs and attorney fees after it obtained a judgment against a homeowner for unpaid annual assessments, because a provision of the Declaration of Covenants, Conditions, Restrictions and Easements for the subdivision stated that the association was entitled to such costs and fees and the homeowner cited no statute that prohibited such recovery.

  • Mathis v. The State

    Practice Area: Criminal Appeals
    Industry:
    Date Filed: 2017-11-16 00:00:00:000
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Kevin Anderson (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Leigh Patterson (District Attorney), Rome; Luke Martin (Floyd County District Attorney), Rome, for appellee.

    Docket Number: A17A0858

    Although the trial court's jury charge did not constitute reversible error, the trial court did not err in failing to merge certain of defendant's convictions on a 52-count indictment.

  • Kelly v. Fann

    Practice Area: Civil Procedure|Personal Injury
    Industry:
    Date Filed: 2017-11-16 00:00:00:000
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Dozier, Michael Hill (Dozier Law Firm, LLC), Macon, for appellant.
    for defendant: John Hawkins (Weinberg Wheeler Hudgins Gunn & Dial), Atlanta; Christopher Rodd (Whitehurst Blackburn & Warren), Thomasville, for appellee. Charles Shenton (Young Thagard Hoffman, Smith & Lawrence), Valdosta; Elissa Haynes (Goodman McGuffey LLP), Atlanta, for other party.

    Docket Number: A17A1328

    The trial court properly granted defendant's motion for summary judgment in plaintiff's personal injury suit alleging that defendant failed to keep a proper lookout for potential hazards when she hit a loose bull in the highway and then hit plaintiff's vehicle, because there was no evidence of how the collision with the bull occurred so there was no evidence of anything defendant could have done to avoid the collision.

  • Whitmire v. The State

    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-11-16 00:00:00:000
    Court: Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Howard Anderson (Law Office of Howard W. Anderson, III, LLC), Pendleton, for appellant.
    for defendant: George Christian (District Attorney's Office), Clayton; James Staples (Assistant District Attorney), Clarksville, for appellee.

    Docket Number: A17A0951

    The Court vacated the denial of defendant's motion for new trial following his armed robbery conviction in connection with a bank hold-up because the trial judge failed to exercise discretion to sit as a thirteenth juror with respect to the general grounds raised.

  • May v. Morgan County

    Practice Area: Land Use and Planning
    Industry:
    Date Filed: 2017-11-15 00:00:00:000
    Court: Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: C. DuBose, Matthew Frick (DuBose Law Group LLC), Madison, for appellant.
    for defendant: Christian Henry (Christian G. Henry LLC), Madison, for appellee.

    Docket Number: A16A1981

    The Court vacated the trial court's judgment finding defendant in violation of a zoning ordinance by offering her lake home for short-term rentals because the trial court failed to address defendant's alternative argument that a prior zoning ordinance was unconstitutionally vague.

  • City of Macon et al. v. Brown

    Practice Area: Motor Vehicle Torts
    Industry:
    Date Filed: 2017-11-15 00:00:00:000
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Corrie Holton, Lauren Schultz (James Bates Brannan Groover LLP), Macon; William Noland (Noland Law Firm, LLC), Macon, for appellant.
    for defendant: Mark Martin, George Williams (Attorney at Law), Warner Robins, for appellee.

    Docket Number: A17A1066

    The trial court erred in denying defendants' motion for summary judgment in plaintiff's suit alleging that defendants were liable for damages for failing to maintain a public roadway that caused a collision because plaintiff's evidence was insufficient as a matter of law to create a genuine issue of fact as to whether defendants had constructive notice of the alleged defect.

  • McDonald v. Silver Hill Homes, LLC

    Practice Area: Civil Procedure|Real Estate
    Industry:
    Date Filed: 2017-11-15 00:00:00:000
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Raymond Williams, Christopher Collier (Williams Teusink, LLC), Decatur, for appellant.
    for defendant: Jeffrey Schneider (Weissman, PC.), Atlanta, for appellee.

    Docket Number: A17A0648

    The trial court erred in granting summary judgment to defendant on plaintiff's claims for punitive damages and attorney fees in a boundary line dispute because genuine issues of material fact remained.