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  • Williams v. The State

    Publication Date: 2023-05-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Jonathan Oden, (The Office of the Appellate Defender Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Lenny Krick, (Assistant District Attorney-Stone Mountain Judicial Circuit), Decatur, Sherry Boston, (Dekalb County District Attorney), Decatur, for appellee.
    Case Number: A23A0155

    Court affirms convictions for family violence battery over defendant's contentions of insufficient evidence and ineffective assistance of counsel

  • Duncan et al. v. Rawls et al.

    Publication Date: 2023-04-25
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Michael Foust, Allan Parks, David Walbert, (Parks, Chesin & Walbert, P. C.), Atlanta, for appellant.
    for defendant: David Balser, John Toro, Letitia McDonald, Julia Barrett, (King & Spalding, LLP), Atlanta, for appellee.
    Case Number: A21A0258

    Court vacates an order that an in terrorem clause in a trust document bars any claim that challenges the validity of the document.

  • Quint v. The State

    Publication Date: 2023-04-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Stephen Adkins, (Attorney at Law), Duluth, for appellant.
    for defendant: Brian Whiteside, Joseph Morales, Alexander Grace, (Gwinnett County Solicitor-General’s Office), Lawrenceville, Lisamarie Bristol, (Office of the Public Defender Alcovy Judicial Circuit), Monroe, for appellee.
    Case Number: A23A0024

    Court affirms DUI convictions and affirms ruling that trial court did not err when it admitted evidence of defendant's refusal to submit to a blood test

  • Jones v. Georgia Farm Bureau Mutual Insurance Company

    Publication Date: 2023-04-12
    Practice Area: Insurance Litigation | Personal Injury
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Benjamin Driggers, (B. Dave Driggers, P.C.), Macon, Jarome Gautreaux, (Gautreaux Law, LLC), Macon, F. Wilson, (Attorney at Law), Macon, for appellant.
    for defendant: Corrie Hall, Duke Groover, (James-Bates-Brannan-Groover-LLP), Macon, Samuel Alderman, (Attorney at Law), Macon, Wallace Miller, (Wallace Miller III, LLC), Macon, Mary Eva Hutcherson, (Alderman & Hutcherson), Macon, for appellee.
    Case Number: A22A1685

    Court rejects arguments from beneficiaries of an auto insurance policy that the policyholder had higher uninsured motorist coverage limits

  • Campbell et al. v. Courtesy Ford, Inc., et al.

    Publication Date: 2023-04-11
    Practice Area: Personal Injury
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Peter Law, Ernest Moran, (Law & Moran), Atlanta, for appellant.
    for defendant: Warner Fox, Elliott Ream, (Hawkins Parnell Thackston & Young, LLP), Atlanta, for appellee; Timothy Mitchell, (Cruser Mitchell Novitz Sanchez Gaston & Zimet), Norcross, Diana Moore, (Cruser Mitchell Novitz Sanchez Gaston & Zimet), Peachtree Corners for other party.
    Case Number: A22A1739

    Court affirms summary judgment in favor of employer, which did not bear vicarious liability for employee's negligent car accident

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  • Benton v. The State

    Publication Date: 2023-03-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Steven Sparger, (Attorney at Law), Savannah, for appellant.
    for defendant: Shalena Jones, Abigail Long, (Eastern Judicial Circuit District Attorney’s Office), Savannah, for appellee.
    Case Number: A21A1118

    Revocation of a first offender's probation does not automatically result in a conviction, and his first offense cannot be used as a conviction for enhanced sentencing

  • Bristol Consulting Group, Inc. et al. v. D2 Property Group, LLC et al.

    Publication Date: 2023-03-23
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Kimberly Ellison, Wayne Kendall, (Wayne B Kendall PC), Fayetteville, for appellant.
    for defendant: M. O’Neill, (Womble Bond Dickinson (US) LLC), Charlotte, for appellee.
    Case Number: A22A1209

    Court affirms judgment for investors that were defrauded in a complex real estate deal over liable party's contentions of trial court error

  • Thomas v. The State

    Publication Date: 2023-03-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Randall Schonder, (The Schonder Law Firm, LLC), Rome, Jonathan Hamrick, (Rome Circuit Public Defender Office), Rome, for appellant.
    for defendant: Leigh Patterson, Elisabeth Giuliani, (Floyd County District Attorney’s Office), Rome, for appellee.
    Case Number: A22A1677

    Court reverses denial of defendant's special demurrer to two counts of a nine-count indictment because those counts lacked specificity as to weapons charges

  • Merritts v. North Georgia Veterinary Referral Practice, Inc., et al.

    Publication Date: 2023-03-14
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Cory Close, (Busch Reed & Jones, P.C.), Marietta, Chad Reed , (Attorney At Law), Marietta, Blake Kilday, Marietta, for appellant.
    for defendant: Ryan Wilhelm, (Lewis Brisbois Bisgaard & Smith, LLP), Atlanta, for appellee.
    Case Number: A22A1657

    Court affirms dismissal of professional negligence complaint against veterinarian because plaintiff failed to include the requisite affidavit with her complaint

  • In re Estate of Charles D. Henry, Deceased

    Publication Date: 2023-03-08
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Eric Fisher, Jeffrey Morgan, (Barnes & Thornburg LLP), Atlanta, for appellant.
    for defendant: Lori Christman, Louis Levenson, (Levenson & Associates), Atlanta, Lyonnette Davis, Atlanta, for appellee.
    Case Number: A22A1518

    Court reverses summary judgment order that dismissed a petition for a caveat to the probate of a will in light of questions of fact over the existence of undue influence