• The State v. Adams

    Publication Date: 2020-08-04
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Kenneth Mauldin, (District Attorney), Athens, Malachi Peacock, (Western Judicial Circuit District Attorney's Office), Athens, for appellant.
    for defendant: Kelly Wegel, (Western Circuit Public Defender), Athens, for appellee.

    Case Number: A20A0050

    Court reverses order granting defendant's plea in bar because dismissal of federal charges was not an acquittal for purposes of Georgia's successive prosecution statute

  • Womack v. The State

    Publication Date: 2020-07-31
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Mary Horton, (Lister & Holt), McDonough, for appellant.
    for defendant: Darius Pattillo, (District Attorney), McDonough, Michael Bodiford, (Attorney at Law), Stockbridge, for appellee.

    Case Number: A20A0759

    Court Reverses Trial Court's Denial of Drug Defendant's Motion to Suppress Evidence Found During Search and Seizure That Led to His Arrest

  • Denney et al. v. Crenshaw

    Publication Date: 2020-07-22
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: David Tuszynski, (Attorney at Law), Atlanta, for appellant.
    for defendant: Sun Choy, Sara Brochstein, (Freeman Mathis Gary, LLP), Atlanta, for appellee.

    Case Number: A20A0212

    Court reverses dismissal of a case for want of prosecution where a party's counsel failed to appear for oral arguments on a motion to reconsider a denial of a motion for summary judgment

  • Gai Spann v. Rashida Davis et al.

    Publication Date: 2020-07-22
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Cary Wiggins, (Wiggins Law Group), Atlanta, for appellant.
    for defendant: Rita Cherry, Sarah Rasalam, Marlon Bull, (City of Atlanta Law Department), Atlanta, for appellee.

    Case Number: A20A0202

    Court affirms dismissal of lawsuit against court clerks who were entitled to quasi-judicial immunity from tort claims

  • Howell v. Lochwolde Homeowners Association, Inc.

    Publication Date: 2020-07-21
    Practice Area: Real Estate
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Paul Andrew, (Andrew, Merritt, Reilly & Smith), Lawrenceville, for appellant.
    for defendant: Jody Campbell, (Blum & Campbell, LLC), Peachtree Corners, for appellee.

    Case Number: A20A0608

    C Ruling Upholding Enforceability of Restrictive Building Covenants Not Supported by Factual Findings

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • JPMorgan Chase Bank, N.A. v. Cronan

    Publication Date: 2020-07-20
    Practice Area: Banking and Finance Laws | Contractual Disputes
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Monica Gilroy, Matthew Totten, (The Gilroy Firm), Alpharetta, for appellant.
    for defendant: Stephen Michmerhuizen, Warren Coppedge, (Coppedge & Associates, P.C.), Dalton, for appellee. T Mashburn, (Aldridge Pite LLP), Atlanta, for AM.

    Case Number: A20A0378

    Triable Issue of Fact as to Whether Confusion Regarding Loan Collateral Was Result of Mutual Mistake

  • Owensby v. Williams

    Publication Date: 2020-06-23
    Practice Area: Evidence | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Norman Sawyer, (Litner + Deganian), Atlanta, Douglas Chanco, (Chanco Schiffer Law, LLC), Atlanta, for appellant.
    for defendant: Joshua Ruplin, (Downey & Cleveland, LLP), Marietta, Russell Waldon, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for appellee.

    Case Number: A20A0652

    Portions of Medical Narrative on Personal Injury Plaintiff's Condition and Prognosis Ruled Inadmissible as Too Vague and Speculative Were, in Fact, Admissible; Case Remanded

  • CL SNF, LLC et al. v. Fountain

    Publication Date: 2020-06-23
    Practice Area: Dispute Resolution | Health Care Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Karen Smiley, (Hanks Brookes LLC), Atlanta, Kevin Quirk, Kellie Holt, (Quirk & Quirk LLC), Atlanta, for appellant.
    for defendant: Gretchen Wagner, Katherine Hughes, (Wagner Hughes, LLC), Atlanta, Jennifer Peterson, Michael Terry, (Bondurant Mixson & Elmore LLP), Atlanta, Bethany Schneider, (Attorney at Law), Atlanta, for appellee.

    Case Number: A20A0773

    Arbitration Agreement Signed by Guardian on Behalf of Mentally Capacitated Nephew Was Unconscionable; Guardian Did Not Have Authority to Sign Agreement on Behalf of Nephew, Who Had Been Admitted to Mental Health Facility

  • McClure v. The State

    Publication Date: 2020-06-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Cara Clark, (GPDC Appellate Division), Atlanta, for appellant.
    for defendant: Benjamin Coker, (District Attorney), Thomaston, Marie Broder, (Spalding County District Attorney's Office), Griffin, Kimberly Schwartz, (Assistant District Attorney - Chattahoochee Judicial Circuit), Columbus, Elizabeth Kendrick, (Griffin Circuit Superior Court), Fayetteville, for appellee.

    Case Number: A18A0324

    Court reverses convictions for aggravated assault because trial court erred in failing to give jury instruction in justification in defense of self

  • Kasper et al. v. Judy Martin et al.

    Publication Date: 2020-05-20
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Holle Weiss-Friedman, (Attorney at Law), Brunswick, for appellant.
    for defendant: Beverly Cohen, (Attorney at Law), Roswell, Frances Dyal, (Attorney at Law), Brunswick, Christopher Carr, (Attorney General), Atlanta, Penny Hannah, (Assistant Attorney General), Atlanta, John Rivers, (Attorney at Law), Brunswick, Shalen Nelson, (Senior Assistant Attorney General), Atlanta, for appellee. Denise Esserman, (Attorney at Law), Brunswick, Melissa Cruthirds, (Compass Law Group, LLC), ST Simons Island, for other party.

    Case Number: A20A0244

    Court rules that superior court erred in dismissing child custody action for lack of jurisdiction