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  • Massingill v. The State

    Publication Date: 2022-12-02
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Katie Borodin, Eliot Abt, (The Abt Law Firm, LLC), Atlanta, for appellant.
    for defendant: Leigh Patterson, Natalee Staats, (Assistant District Attorney - Floyd County), Rome, for appellee.
    Case Number: A22A1407

    Trial Counsel Was Not Ineffective For Failing To Advise Regarding Right to Testify and Failing to Object to Impeachment Evidence

  • Roberts v. The State

    Publication Date: 2022-12-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Pinson
    Attorneys: For plaintiff: Debra Kay Jefferson, Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Parisia Faith Sarfarazi, (Department of Law), Atlanta, Patsy A. Austin-Gatson, Lee Franklin Tittsworth, Christopher Mark DeNeve, (Gwinnett County District Attorney’s Office), Lawrenceville, for appellee.
    Case Number: S22A0420

    Physical Evidence Found at Crime Scene Was Intrinsic to Charged Crime That Occurred Nine Days Later

  • Edgewater Hall Enterprises, LLC v. City of Canton

    Publication Date: 2022-12-01
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Michael Bain, Douglas Flint, (Flint, Connolly & Walker, LLP), Canton, for appellant.
    for defendant: Robert Dyer, Laura Rollins, (Dyer & Rusbridge, P.C.), Canton, for appellee; Christina Ackerman, (Bank OZK), Cornelius, for other party.
    Case Number: A22A1040

    Court affirms a declaration of taking for a temporary construction easement but reverses denial of motion to set aside a second declaration for a mitigation easement

  • Farid et al. v. Gaskell et al.

    Publication Date: 2022-12-01
    Practice Area: Insurance Law | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Jacque Hawk, (The Hawk Firm), Augusta, for appellant.
    for defendant: Zachary Matthews, (McMickle, Kurey & Branch, LLP), Alpharetta, Daniel Kingsley, (Attorney at Law), Atlanta, Alexander McDonald, (Swift, Currie, McGhee and Hiers, LLP), Atlanta, for appellee.
    Case Number: A22A0899

    Court affirms summary judgment in favor of an uninsured motorist insurance carrier because injured party failed to exhaust remedies against other insurers

  • Hill v. Kemp

    Publication Date: 2022-12-01
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Matthew Tucker, (Tucker & Associates Law Firm LLC), Jonesboro, Alan Parker, (Alan Parker Law Firm LLC), Jonesboro, for appellant.
    for defendant: Julie Jacobs, Christopher Carr, (Office of the Attorney General), Atlanta, Andrew Dearing, (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A22A1113

    Court affirms denial of a suspended sheriff's petition for a writ of mandamus for to require his reinstatement

  • Law Journal Press | Digital Book

    Pronske’s Texas Bankruptcy 2023

    Authors: GERRIT M. PRONSKE

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  • Giddens v. Metropower, Inc.

    Publication Date: 2022-12-01
    Practice Area: Personal Injury
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Laura Maki, (Attorney at Law), Atlanta, for appellant.
    for defendant: Thomas Sippel, Mark Edwards, (McAngus, Goudelock & Courie, LLC), Atlanta, for appellee.
    Case Number: A22A0923

    Court reverses summary judgment for a defendant where defendant did not conclusively show that injured plaintiff assumed risk of or contributed to his injuries

  • Mommies Properties, LLC et al. v. Semanson et al.

    Publication Date: 2022-11-30
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Teague, (Attorney at Law), Cumming, Larry Oldham, (Larry C. Oldham, P.C.), Cumming, Vinay Bose, Atlanta, for appellant.
    for defendant: Timothy Buckley, Eric O’Brien, (Buckley Christopher, P.C.), Atlanta, Paul Frickey, Ken Jarrard, (Jarrard & Davis, LLP), Cumming, for appellee.
    Case Number: A22A1071

    Court affirms summary judgment for a county commissioner and inspector on plaintiff's claims for damages, and reverses on request for prospective injunctive relief

  • First Key Homes of Georgia, LLC et al. v. Robinson

    Publication Date: 2022-11-30
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Marsh, (Swift, Currie, McGhee & Hiers), Atlanta, for appellant.
    for defendant: Harold Johnson, (Law Office of Harold L. Johnson LLC), Atlanta, for appellee.
    Case Number: A22A0885

    Court reverses a defendant's motion to disqualify plaintiff's counsel over a conflict of interest where a plaintiff's attorney had previously worked for the defendant

  • Dodge County Hospital Authority v. Seay et al.

    Publication Date: 2022-11-30
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Matthew Coles, Aaron Tady, (Coles Barton LLP), Lawrenceville, for appellant.
    for defendant: Jonathan Seay, McRae, for appellee; Emmitte Griggs, Norman Pearson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, for other party.
    Case Number: A22A0741

    Court reverses denial of a motion to dismiss a malpractice claim that was couched as a negligence claim because plaintiff did not include an expert affidavit

  • Heritage Roof Truss, Inc. v. Leeper et al.

    Publication Date: 2022-11-30
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Barbara Marschalk, Michelle Whitelaw, (Drew Eckl & Farnham LLP), Atlanta, for appellant.
    for defendant: Chad Reed, (Attorney at Law), Marietta, Cory Close, (Busch Reed & Jones, P.C.), Marietta, for appellee; Chad Shultz, Vernon Hill, (Gordon Rees Scully Mansukhani LLP), Atlanta, Ryan Wilhelm, (Lewis Brisbois Bisgaard & Smith, LLP), Atlanta, Nanette Wesley, (Wesley Firm, LLC), Roswell, Samantha Skolnick, (Bloom Parham LLP), Atlanta, for other party.
    Case Number: A22A1066

    Court reverses denial of motion to dismiss amended complaint where defendant was added after expiration of statute and did not know it would be named as a party