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  • Marques v. JP Morgan Chase Bank, N.A. et al.

    Publication Date: 2023-12-22
    Practice Area: Banking and Finance Laws | Civil Procedure | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Antoinette Marques, Lithonia, for appellant.
    for defendant: Lisa Frank, (McCalla Raymer Leibert Pierce, LLC), Roswell, Catherine Gibson, (The Gibson Law Firm, LLC), Atlanta, Kane St. John, (Attorney at Law), Marietta, for appellee.
    Case Number: A23A1266

    Court affirms dismissal of most claims in a wrongful foreclosure lawsuit but reverses as to dismissal of plaintiff's claim that a successor lender failed to comply with a statutory notice requirement

  • Athens Heart Center, P.C. et al. v. Molina et al.

    Publication Date: 2023-12-21
    Practice Area: Civil Appeals
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Terrell Benton, Randolph Powell, Alexander Vey, (Huff Powell & Bailey), Atlanta, for appellant.
    for defendant: James Carter, (James E. Carter Law Firm, LLC), Athens, for appellee.
    Case Number: A23A1626

    Court dismisses an appeal of a multi-million dollar supersedeas bond order because it lacked jurisdiction over the order, which was not a final order in a medical malpractice case

  • Cooper v. The State

    Publication Date: 2023-12-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Kaitlyn Beck, (Office of the Public Defender, Western Cir.), Atlanta, for appellant.
    for defendant: Robert Wilson, Deborah Gonzalez, (Western Judicial Circuit District Attorney), Athens, for appellee.
    Case Number: A23A1440

    Court affirms revocation of defendant's sentence of probation and his subsequent 18-month prison sentence, and rejects his claims of due process violations and trial court abuse of discretion

  • Savannah State University Foundation, Inc. et al. v. Lewis et al.

    Publication Date: 2023-12-20
    Practice Area: Premises Liability
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Brian Smith, Phillip Hartley, (Attorney at Law), Gainesville, for appellant.
    for defendant: Ashleigh Madison, (Southeast Law, LLC), Savannah, John Carson, (Phillips Carson & Phillips), Savannah, for appellee.
    Case Number: A23A1199

    Court reverses denial of defendants' summary judgment motion in a premises liability case, finding that defendants were out-of-possession landlords that did not control or possess the property

  • Davis v. The Estate of James Leslie McClain III

    Publication Date: 2023-12-19
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Brian Patterson, (The Law Office of Brian V. Patterson, LLC), Athens, for appellant.
    for defendant: Kevin Epps, Tyler Gaines, (Epps, Holloway, DeLoach & Hoipkemier LLC), Watkinsville, for appellee.
    Case Number: A23A1222

    Court affirms summary judgment in dispute over a will provision, finding that the will created a tenancy in common because it did not use the requisite language to create a joint tenancy

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Head et al. v. Planet Home Lending, LLC et al.

    Publication Date: 2023-12-19
    Practice Area: Creditors' and Debtors' Rights
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Paul Kunst, (Paul C. Kunst PC), Barnesville, for appellant.
    for defendant: Bret Chaness, Patricia Whitehead, (Rubin Lublin LLC), Peachtree Corners, for appellee.
    Case Number: A23A1279

    Court affirms summary judgment in favor of lender in a mortgage reversion case, rejecting property owner's statute of limitations and laches claims

  • Bradley v. Westrock CP, LLC et al.

    Publication Date: 2023-12-18
    Practice Area: Civil Procedure | Personal Injury
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Philip Bradley, Petersburg, for appellant.
    for defendant: Colin Kelly, Timia Skelton, (Shook, Hardy & Bacon LLP), Atlanta, for appellee.
    Case Number: A23A1236

    Court partially reverses summary judgment in a negligence suit, finding that personal injury claims for negligence and design defects were not barred by res judicata based on prior property damage suit

  • Lawson v. Weidman

    Publication Date: 2023-12-18
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Iasiah Jones, (Jones Legal Practice, LLC), Lawrenceville, for appellant.
    for defendant: Albert Myers, (Albert A. Myers III PC), Conyers, for appellee.
    Case Number: A23A1259

    Court dismisses part of appeal to a temporary injunction to the extent it related to property and affirms a trial court ruling that set aside a quitclaim deed to that property

  • Docs of Ct, LLC v. Biotek Services, LLC

    Publication Date: 2023-12-11
    Practice Area: Dispute Resolution
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Erika Birg, (Nelson Mullins Riley & Scarborough LLP), Atlanta, for appellant.
    for defendant: Bryan Brunson, (Brunson Law LLC), Atlanta, for appellee.
    Case Number: A23A0974

    Court affirms arbitration award despite irregularities in arbitration process that involved ex parte communications between one party and the arbitrator and failure to maintain a proper record

  • Bowers v. CSX Transportation, Inc.

    Publication Date: 2023-12-08
    Practice Area: Toxic Torts
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Kristopher Alderman, Darren Summerville, (The Summerville Firm, LLC), Atlanta, Alison Currie, (FisherBroyles, LLP), Atlanta, Randolph Mayer, (Mayer & Harper LLP), Atlanta, Shawn Ricci, (Marc J. Bern & Partners, LLP), Conshohocken, for appellant.
    for defendant: Michael Loebl, Sonja Tate, (Fulcher Hagler LLP), Augusta, Frank Gordon, (Millberg Gordon Stewart PLLC), Raleigh, for appellee.
    Case Number: A23A0839

    Court affirms exclusion of expert testimony and grant of summary judgment in favor of an employer in a FELA lung cancer case, finding that the testimony speculated and did not establish causation