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  • Lawson v. The State

    Publication Date: 2022-09-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Jennifer Cross, (Augusta Judicial Circuit Office of the Public Defender), Augusta, for appellant.
    for defendant: Joshua Smith, Jared Williams, (District Attorney’s Office Augusta Judicial Circuit), Augusta, for appellee.
    Case Number: A22A1100

    Court affirms conviction for aggravated child molestation over defendant's challenge to admission of his prior convictions and other contentions of trial court error

  • Howell et al. v. Cochran

    Publication Date: 2022-09-12
    Practice Area: Expert Witnesses | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Paul Weathington, David Hanson, Elizabeth Linginfelter, (The Weathington Firm), Atlanta, for appellant.
    for defendant: Charles Brant, (Colom and Brant), Atlanta, for appellee.
    Case Number: A22A0913

    Court affirms denial of defendants' motion for summary judgment in a medical malpractice case, finding that testimony from plaintiff's expert was properly admitted

  • West et al. v. Bowser et al.

    Publication Date: 2022-09-09
    Practice Area: Dispute Resolution
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Lance McCoy, (The McCoy Law Firm), Cartersville, Robert Walker, (Jenkins, Bowen & Walker, P.C.), Cartersville, for appellant.
    for defendant: Robert Luskin, Robert Noble, (Goodman, McGuffey, Lindsey & Johnson LLP), Atlanta, David Hayes, (Attorney at Law), Atlanta, Kathleen Simcoe, (Owen Gleaton Egan Jones & Sweeney, LLP), Atlanta, for appellee.
    Case Number: A21A0055

    Court affirms order compelling arbitration in a wrongful death matter and determines that the underlying arbitration agreement is enforceable.

  • Phillips et al. v. Almont Homes NE, Inc.

    Publication Date: 2022-09-09
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Kevin Doyle, G. Mobley, Kristen Guidry, (Lokey, Mobley & Doyle, LLP), Atlanta, for appellant.
    for defendant: Lance Tyler, (Tyler Law Firm), Suwanee, for appellee.
    Case Number: A22A0643

    Court reverses partial cancellation of notice of lis pendens where plaintiffs sought injunctive relief against a developer whose actions were clogging an adjacent stream

  • The State v. Anderson

    Publication Date: 2022-09-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Patsy Austin-Gatson, Clifford Kurlander, Nam Nguyen, (Gwinnett County District Attorney’s Office), Lawrenceville, for appellant.
    for defendant: Stuart Mones, (Attorney at Law), Atlanta, for appellee.
    Case Number: A22A0731

    Court vacates trial court's exclusion of other acts evidence and remands for proper application of Rule 403 balancing test and analysis of other potential uses of evidence

  • Law Journal Press | Digital Book

    Encyclopedia of New York Causes of Action: Elements & Defenses 2024

    Authors: ERNEST EDWARD BADWAY

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  • Julie B. Hazard v. Medlock Tavern, Inc. d/b/a Old Fountain Tavern

    Publication Date: 2022-09-09
    Practice Area: Premises Liability
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Jan Cohen, Russell Deutschman, Mary Paulson, (Kenneth S. Nugent, PC), Duluth, for appellant.
    for defendant: Seth Friedman, Racquel McGee, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellee.
    Case Number: A22A0730

    Court reverses summary judgment order for a defendant in a slip and fall lawsuit because genuine issues of material fact existed as to defendant's superior knowledge

  • Merchant v. The State

    Publication Date: 2022-09-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: David Willingham, (Willingham Law Firm, P.C.), Marietta, for appellant.
    for defendant: Melissa Tatum, (Deputy Chief Assistant Solicitor-General), Marietta, Barry Morgan, (Cobb Solicitor General), Marietta, Anda Griner, (Portnoy, Garner & Nail), Atlanta, for appellee.
    Case Number: A22A1153

    Court affirms conviction for simple battery over defendant's contentions of insufficient evidence, deprivation of rights, and ineffective assistance of counsel.

  • Newsome v. Graham

    Publication Date: 2022-09-08
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Wehman Newsome, (Office of the Appellate Defender), Atlanta, for appellant.
    for defendant: Nicholas Martin, (Martin DeMelfi, LLC), Atlanta, for appellee; Donald Horace, (Law Office of Donald S. Horace, Esq), for other party.
    Case Number: A22A0799

    Court affirms denial of a motion to dismiss a petition for child custody modification and an order enforcing a settlement agreement regarding payment of fees and expenses

  • In the Interest of K. P., a Child

    Publication Date: 2022-09-08
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Amber Walden, (The Fine Print Legal Consulting, LLC), Atlanta, for appellant.
    for defendant: Christopher Carr, Shalen Nelson, (Attorney General), Atlanta, Emily Harris, (Department of Law), Atlanta, Whitney Kenner Jones, (Kenner Jones Law LLC), Douglasville, for appellee; Valerie Gordon, (Douglas County Juvenile Court - Juvenile Public), Douglasville, Ann Mathis, Douglasville, Randy Duke, Douglasville.
    Case Number: A22A0921

    Court reverses finding of mootness that was used to justify denial of a motion to vacate a protective order and remands for consideration of the merits of the motion

  • BC EAV, LLC v. Havlik

    Publication Date: 2022-09-08
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Donald Cook, (Smith & Liss, LLC), Atlanta, for appellant.
    for defendant: Gwendolyn Havlik, (Drew Eckl & Farnham LLP), Atlanta, for appellee.
    Case Number: A22A1111

    Court affirms order in favor of a subsequent possessor in a boundary dispute, finding no evidence of fraud that would void title by prescription through adverse possession