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  • 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

  • Stankovich v. Axis Insurance Company

    Publication Date: 2022-11-29
    Practice Area: Insurance Law | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Sherman Moody, (Attorney at Law), Perry, Jonathan Sexton, (Sexton Law Firm, LLC), McDonough, for appellant.
    for defendant: Duane Cochenour, (Attorney at Law), Atlanta, Nneka Egwuatu, (Clyde & Co US, LLP), Atlanta, Pearson Cunningham, (Hall Booth Smith), Atlanta, for appellee; Travis Meyer, Morgan Allyn, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for other party.
    Case Number: A22A0840

    Court affirms summary judgment in favor of an underinsured motorist insurance carrier where injured party was not using an insured vehicle when she was injured

  • Law Journal Press | Digital Book

    Going Private

    Authors: Arthur M. Borden (deceased), Joel A. Yunis

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  • Rogers, as administrator of the Estate of Sonny Rogers v. HHRM Self-Perform, LLC et al.

    Publication Date: 2022-11-29
    Practice Area: Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Christopher Graddock, Keenan Nix, (Morgan & Morgan Atlanta, PLLC), Atlanta, Darren Summerville, (The Summerville Firm, LLC), Atlanta, Meredith Kincaid, (Cross Kincaid), Decatur, for appellant.
    for defendant: Christopher Byrd, David Dial, Claire Murray, (Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC), Atlanta, Robert Marcovitch, (Sinton Scott Minock & Kerew), Atlanta, for appellee.
    Case Number: A22A0681

    Court affirms summary judgment in favor of a joint venture and its individual members on a deceased worker's negligence claims

  • Motley et al. v. Valentine et al.

    Publication Date: 2022-11-29
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Long, (TuckerLong, P.C.), Augusta, for appellant.
    for defendant: Wendell Johnston, (Johnston and Smith, LLC), Augusta, for appellee.
    Case Number: A22A0640

    Court affirms breach of lease judgment against an individual who signed a lease personally as representative of a church, but vacates judgment against the church

  • Bolish v. The State

    Publication Date: 2022-11-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Thomas Clegg, (Thomas Clegg, LLC), Lawrenceville, Michael McIntyre, (Attorney at Law), Atlanta, for appellant.
    for defendant: Patricia Brooks, Winder, James Smith, (District Attorney), Jefferson, for appellee.
    Case Number: A22A1135

    Court affirms denial of a motion to vacate a sentence that the defendant alleged was void, finding that the sentence was within boundaries of the applicable statute

  • Siegrist v. Herhold

    Publication Date: 2022-11-28
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Hugh Rowling, Lauren Bruce, Elizabeth Monyak, (Sr. Associate County Attorney Cobb County Attorney’s Office), Marietta, for appellant.
    for defendant: Douglas Dumont, (The Ausband Firm), Stockbridge, for appellee.
    Case Number: A22A0650

    Court affirms denial of a motion to dismiss a negligence action based on official immunity, and agrees that a county official was acting in a discretionary capacity

  • Curmode v. Alsbrooks et al.

    Publication Date: 2022-11-28
    Practice Area: Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Carson Jeffries, (Carter Jeffries, LLC), Atlanta, Stacy Crittenden, Marietta, for appellant.
    for defendant: Leslie Eason, (Gordon & Rees, LLP), Atlanta, for appellee.
    Case Number: A22A0801

    Court affirms dismissal of a negligence lawsuit against a massage therapist, finding that an exculpatory clause barring that lawsuit is not against Georgia public policy