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  • Shuler v. Akpan

    Publication Date: 2022-03-22
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Raymond Humphrey, (The Law Office of Raymond C. Humphrey, Esq.), Dunwoody, for appellant.
    for defendant: Kevin Tallant, Jonah Howell, (Miles Patterson Hansford Tallant, LLC), Cumming, for appellee.
    Case Number: A21A1475

    Court reverses denial of defendant's motion to set aside a default judgment because plaintiff failed to show diligence in serving defendant before service by publication

  • Emory Healthcare, Inc. v. Van Engelen et al.

    Publication Date: 2022-03-22
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Joscelyn Hughes, (Bendin Sumrall & Ladner), Atlanta, Benjamin Ladner, (Attorney at Law), Atlanta, for appellant.
    for defendant: Jeffrey Shiver, Marla Eastwood, Kyle Wallace, (Shiver Hamilton LLC), Atlanta, for appellee; Wayne McGrew, Andrew Bagley, (McGrew Miller Bomar & Bagley LLC), Atlanta, for other party.
    Case Number: A21A1562

    Court affirms denial of a motion to dismiss and compel arbitration on a wrongful death/medical malpractice actions because agreement was not signed on behalf of claimant

  • Walker v. Richmond et al.

    Publication Date: 2022-03-22
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Christopher Timmons, (Dekalb County District Attorney's Office), Decatur, Jon David Huffman, (Poole Huffman, LLC), Tucker, for appellant.
    for defendant: Eric Welch, (Eric N. Welch PC), Marietta, for appellee.
    Case Number: A21A1277

    Court sets aside a default judgment in a property dispute case because the order on a petition for declaratory judgment was entered on an impermissible advisory basis

  • Cotton v. Prodigies Child Care Management, LLC, d/b/a University Childcare Center

    Publication Date: 2022-03-21
    Practice Area: Personal Injury
    Industry: Recruitment and Staffing
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: John Autry, Blaine Norris, (Blaine A. Norris, PC d/b/a Norris Law), Athens, for appellant.
    for defendant: M. Heath, Matthew Moseley, (Cowsert & Avery, LLP), Athens, Matthew Moffett, John Schultz, (Gray Rust St. Amand Moffett Brieske LLP), Atlanta, for appellee.
    Case Number: A21A1457

    Court reverses summary judgment that had been in an employer's favor in a personal injury case, finding evidence of possible special circumstances for vicarious liability

  • Pruitthealth-Augusta, LLC et al. v. Lyell et al.

    Publication Date: 2022-03-21
    Practice Area: Dispute Resolution
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jeffrey Braintwain, Randolph Powell, Mark Simmons, (Huff Powell & Bailey LLC), Atlanta, James Purcell, David Hymel, (Fulcher Hagler LLP), AUGUSTA, for appellant.
    for defendant: Christopher Connor, (Connor & Connor LLC), Augusta, Kenneth Connor, Anne Moore, (Connor & Connor LLC), Aiken, for appellee.
    Case Number: A21A1681

    Court vacates order denying motion to dismiss wrongful death action and remands case for trial court to address relief under an arbitration agreement

  • Law Journal Press | Digital Book

    Outsourcing: Law and Business

    Authors: Jason D. Krieser, Shawn C. Helms, Heather S. Bethancourt

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  • Stockton v. Shadwick et al.

    Publication Date: 2022-03-21
    Practice Area: Contractual Disputes
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Lawrence Stockton, (Attorney at Law), Clayton, for appellant.
    for defendant: Steven Kushner, Michael Gretchen, (Fellows LaBriola, LLP), Atlanta, for appellee; Matthew Skilling, (Sanders, Ranck & Skilling, P.C.), Toccoa, for other party.
    Case Number: A21A1715

    Court affirms dismissal of breach of contract complaint over revenue-sharing agreement for coin-operated amusement machines

  • Tanksley v. The State

    Publication Date: 2022-03-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Peter Johnson, (Attorney at Law), Augusta, for appellant.
    for defendant: Kevin Majeska, (District Attorney, Columbia Jud. Circuit), Evans, Jared Williams, (District Attorney's Office), Augusta, for appellee.
    Case Number: A21A1401

    Court affirms convictions and recidivist sentence for burglary and other crimes over defendant's multiple challenges to recidivist findings at his resentencing

  • In Re the Estate of Joyce Marie Plybon, Deceased

    Publication Date: 2022-03-18
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Jason Graham, (Graham Legal, LLC), Atlanta, Robert Kozloski, (Parks Chesin & Walbert, P.C.), Atlanta, for appellant.
    for defendant: Robert Hughes, Robert Stuckey, (Robert W. Hughes & Associates, P.C.), Lawrenceville, for appellee.
    Case Number: A21A1740

    Probate Court Had Jurisdiction to Construe and Enforce Consent Order Between Heirs to Decedent's Estate

  • Williams v. City of Tybee Island

    Publication Date: 2022-03-18
    Practice Area: Government | Personal Injury | Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Robert Phillips, (Phillips & Carson), Savannah, Jonathan Phillips, (Chatham County Office of the District Attorney), Savannah, for appellant.
    for defendant: Edward Hughes, (Callaway, Braun, Riddle & Hughes, PC), Savannah, Benjamin Perkins, Brian Griffin, (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A21A1780

    Teenager Assumed Risk of Drowning by Going Into Ocean at Public Beach

  • Harris v. The State

    Publication Date: 2022-03-17
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Blaise Harris, (Wilcox State Prison), Abbeville, for appellant.
    for defendant: Patsy Austin-Gatson, Tristan Gillespie, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A21A1764

    Trial Court Lacked Jurisdiction to Increase Sentences on Counts Which Defendants Had Already Begun Serving