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Publication Date: 2024-01-03 Practice Area:Civil Procedure Industry: Court:Georgia Court of Appeals Judge:Judge Brown Attorneys:For plaintiff: Jim David, (Law Office of Jim R. David), Homer, for appellant. for defendant: William Myers, (Myers & Stroberg), Gainesville, for appellee. Case Number: A23A1328
Court affirms dismissal of a renewal car accident lawsuit due to lack of proper service of original lawsuit
Publication Date: 2024-01-02 Practice Area:Family Law Industry: Court:Georgia Court of Appeals Judge:Judge Hodges Attorneys:For plaintiff: Kyle Krejci, (The Law Office of Kyle Krejci, LLC), Macon, for appellant. for defendant: A. Rockefeller, (The Rockefeller Law Center), Warner Robins, for appellee. Case Number: A23A1644
Court affirms denial of spouse's request for appointment of a guardian ad litem where child custody was at issue in a divorce case
Publication Date: 2023-12-29 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Judge Watkins Attorneys:For plaintiff: Randal McGinley, (Newton County District Attorney’s Office), Covington, Tara Latimer, (Walton County DA’s Office), Monroe, for appellant. for defendant: David Boyle, Eric Crawford, (Crawford and Boyle, LLC), Monroe, for appellee. Case Number: A23A1394
Court vacates sentence for armed robbery that deviated from both the mandatory minimum and the prosecutor's agreement because it was a reduced sentence made without consent
Publication Date: 2023-12-28 Practice Area:Criminal Law | Evidence Industry: Court:Georgia Court of Appeals Judge:Chief Judge Mercier Attorneys:For plaintiff: Patsy Austin-Gatson, Clifford Kurlander, (Gwinnett County District Attorney’s Office), Lawrenceville, for appellant. for defendant: Nicole Fegan, (Fegan Law, LLC), Atlanta, for appellee. Case Number: A23A1737
Court reverses exclusion of other acts evidence in a rape and sexual assault criminal trial
Publication Date: 2023-12-27 Practice Area:Medical Malpractice Industry:Health Care Court:Georgia Court of Appeals Judge:Presiding Judge Barnes Attorneys:For plaintiff: Heather Ware, Courtney Walker, (Hall Booth Smith, PC), Atlanta, Claire Sumner, (Lueder, Larkin & Hunter, LLC), Atlanta, Jason Deere, (Copeland, Stair, Kingma & Lovell, LLP), Atlanta, for appellant. for defendant: Alex Dixon, (Alex L. Dixon, P.C.), Lagrange, for appellee. Case Number: A23A1225
Court reverses denial of a motion to dismiss a chiropractic malpractice action, concluding that the action is subject to the five-year medical malpractice statute of repose
Publication Date: 2023-12-26 Practice Area:Criminal Law | Evidence Industry: Court:Georgia Court of Appeals Judge:Judge Fuller Attorneys:For plaintiff: Sydney Strickland, (Strickland & Webster, LLC), Atlanta, for appellant. for defendant: Joshua Smith, Jared Williams, (District Attorney’s Office Augusta Judicial Circuit), Augusta, for appellee. Case Number: A23A1336
Court affirms aggravated assault conviction despite defendant's claims of evidentiary errors and ineffective assistance of counsel
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
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
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
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