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  • Spratlin v. The State

    Publication Date: 2023-03-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Benjamin Pearlman, (Office of the Public Defender Western Judicial Circuit), Athens, for appellant.
    for defendant: Gerald Henderson, (Gwinnett County District Attorney), Lawrenceville, Deborah Gonzalez, (Western Judicial Circuit, DA), Athens, for appellee; Robert Smith, (Prosecuting Attorneys’ Council of Georgia), Morrow, Greg Willis, (Willis Law Firm), Atlanta, for AM.
    Case Number: A22A1213

    Court vacates conviction for criminal trespass and remands case for application of the correct Confrontation Clause analysis of challenged testimony from a deceased witness

  • Irish Angela Frey, et al. v. Michael C. Jesperson et al.

    Publication Date: 2023-02-22
    Practice Area: Insurance Litigation | Wrongful Death
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Michael Ford, (Ford & Josey, P. C.), Gainesville, for appellant.
    for defendant: Travis Meyer, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, Stevan Miller, Lisa Richardson, (Drew Eckl & Farnham, LLP), Atlanta, Megan Prince-Miller, (Law Offices of McLaughlin & Ream), Atlanta, for appellee.
    Case Number: A22A1589

    Court affirms summary judgment for an insurer in a wrongful death case, finding that decedent had selected reduced-by and not add-on underinsured motorist coverage

  • Smith v. Smith

    Publication Date: 2023-02-08
    Practice Area: Family Law | Military Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Kevin Buice, (Kevin B. Buice LLC), Carrollton, for appellant.
    for defendant: Brad McFall, (Gammon, McFall & Villarreal), Cedartown, for appellee.
    Case Number: A22A1443

    Amended Order Impermissibly Modified Ex-Spouse's Entitlement to Portion of Military Retirement Benefits

  • Mulkey v. The State

    Publication Date: 2023-02-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Matthew Winchester, (Law Offices of Matthew K. Winchester), Atlanta, Jason McLendon, (McLendon Law Firm), Atlanta, for appellant.
    for defendant: Elizabeth Racine, Aimee Sobhani, (Douglas County District Attorney), Douglasville, for appellee.
    Case Number: A22A1452

    Court affirms child molestation conviction over defendant's contentions of error regarding admission of prior bad acts evidence from similar charges that were dismissed

  • Williams et al. v. Harvey et al.

    Publication Date: 2023-02-02
    Practice Area: Civil Appeals
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Walker Chandler, Peachtree City, Clyde Royals, (Attorney at Law), Douglas, for appellant.
    for defendant: Richard Strickland, Amanda Szokoly, (Brown Reddick Bumgartner Carter Strickland & Watkins, LLP), Brunswick, Brian Corry, (McQuigg, Smith & Corry, LLC), St. Simons Island, for appellee.
    Case Number: A22A1550

    Court affirms dismissal of a complaint that had sought an injunction against the removal of a Confederate monument because plaintiffs lacked standing to sue

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Georgia Department of Community Health v. Houston Hospitals, Inc.

    Publication Date: 2022-11-25
    Practice Area: Regulation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Christopher Carr, Margaret Eckrote, Daniel Walsh, Crystal Lang, Cathelynn Tio, (Office of the Attorney General, Department of Law), Atlanta, for appellant.
    for defendant: Jason Bring, Michael Gray, Kara Gordon, (Arnall, Golden, Gregory), Atlanta, for appellee; Joshua Belinfante, Daniel Monahan, (Robbins Ross Alloy Belinfante Littlefield, LLC), Atlanta, Kathlynn Polvino, (KBP Law, P.C.), Atlanta, Stephen Ecenia, Jennifer Hinson, (Rutledge Ecenia, P.A.), Tallahassee, for other party.
    Case Number: A22A1013

    Court vacates orders that reversed a Department Health's grant of a Certificate of Need and remands to for Department to vacate and reconsider its decision

  • AU Medical Center, Inc. v. Georgia Department of Community Health, et al.

    Publication Date: 2022-11-23
    Practice Area: Administrative Law | Civil Appeals | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Robert Threlkeld, Elliott Coward, (Morris Manning & Martin, LLP), Atlanta, for appellant.
    for defendant: Joshua Belinfante, Daniel Monahan, (Robbins Ross Alloy Belinfante Littlefield, LLC), Atlanta, Stephen Ecenia, (Rutledge Ecenia, P. A.), Tallahassee, Cathelynn Tio, Christopher Carr, (Office of the Attorney General, Department of Law), Atlanta, Jennifer Hinson, (Rutledge Ecenia, P.A.), Tallahassee, Caylee Noggle, (Commissioner-C/O Office of Health Planning), Atlanta, Charles Thimmesch, (Office of the Attorney General), Atlanta, for appellee.
    Case Number: A22A1148

    Party Challenging Grant of Certificate of Need to Hospital Failed to Raise Claim Its Substantial Rights Were Prejudiced

  • Whitehead et al. v. Green as the Parent of Green, Deceased Minor et al.

    Publication Date: 2022-11-09
    Practice Area: Premises Liability | Wrongful Death
    Industry: Consumer Products
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Thomas Brennan, (Fain, Major, & Brennan, P.C.), Atlanta, Matthew Dowling, (State of Georgia Department of Law), Atlanta, William Mitchell, (Cruser Mitchell Novitz Sanchez Gaston & Zimet LLP), Norcross, Reynolds Pitts, (Jonathan R. Brockman, P.C.), Atlanta, for appellant.
    for defendant: Anna Cross, (The Cross Firm LLC), Decatur, Matthew Wilson, Adam Princenthal, (Princenthal & May, LLC), Sandy Springs, Darren Summerville, Jonathan Flack, (The Summerville Firm), Atlanta, Meredith Kincaid, (Cross Kincaid), Decatur, for appellee; Claire Williamson, Brad Parrott, (Hudson Lambert Parrott Walker LLC), Atlanta, for other party.
    Case Number: A22A0797

    Court reverses denials of defendants' summary judgment motions in a wrongful death case following the drowning death of a four-year old

  • Maxwell v. Johnson

    Publication Date: 2022-11-03
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Nancy Jordan, (Kessler & Solomiany), Atlanta, for appellant.
    for defendant: Henry Collins, (Attorney at Law), Newnan, Jean Kutner, (Attorney at Law), Atlanta, for appellee.
    Case Number: A22A0750

    Court reverses modification of a child custody and parenting plan because trial court erred when it found material changes in circumstances to justify the modification

  • City of Sandersville v. Usry et al.

    Publication Date: 2022-10-20
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: John Price, Kyle Waddell, (Fulcher Hagler, LLP), Augusta, for appellant.
    for defendant: Robert Sullivan, (Sullivan Law Firm, P. C.), Statesboro, for appellee.
    Case Number: A22A0768

    No Genuine Issue of Material Fact as to Whether City Garbage Truck's Hazard Lights Were Flashing at Time of Collision