• C.R. of Thomasville, LLC et al. v. Hannaford et al.

    Publication Date: 2022-04-27
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Craig Brookes, (Attorney at Law), Atlanta, Dennis Brown, (Huff Powell Bailey, LLC), Atlanta, for appellant.
    for defendant: Daniel Cotter, (Law Offices of Daniel W. Cotter, P.C.), Decatur, Anna Cross, (The Cross Firm LLC), Decatur, Darren Summerville, Meredith Kincaid, (The Summerville Firm, LLC), Atlanta, Scott Gwartney, (Brooks Leboeuf Foster Gwartney Leace & Hobbs), Tallahassee, Maxwell Thelen, (Ashby Thelen Lowry), Marietta, for appellee.

    Case Number: A22A0094

    Court affirms denial of nursing facility's motion to dismiss a negligence complaint in favor of arbitration because arbitration agreement was not signed by plaintiff's agent

  • Massey v. State Farm Fire and Casualty Company

    Publication Date: 2022-04-27
    Practice Area: Civil Procedure | Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Harry Daniels, (Daniels and Cauble, P.C.), Newnan, for appellant.
    for defendant: Mark Dietrichs, Rebecca Strickland, (Swift, Currie, McGhee & Hiers, LLC), Atlanta, for appellee.

    Case Number: A22A0114

    Court affirms summary judgment in favor of an insurer on a property damage claim because insured cause of action in her renewal complaint was time-barred

  • Collins v. State of Georgia

    Publication Date: 2022-04-26
    Practice Area: Court Administration | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Alan Begner, Eric Coffelt, (Begner & Begner, P.C.), Atlanta, for appellant.
    for defendant: John Edwards, Marietta, John Melvin, (District Attorney), Marietta, for appellee.

    Case Number: A22A0442

    State Lacked Authority to Institute Criminal Contempt Proceedings In Civil Action Between Private Parties

  • Fulton County Board of Tax Assessors v. Technology Square, LLC

    Publication Date: 2022-04-26
    Practice Area: Civil Procedure | Government | Tax
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Pinson
    Attorneys: For plaintiff: Meredith Germain, Valerie Ross, (Turner Ross Germain, LLC), Marietta, for appellant.
    for defendant: Lindsey Hillis, Delia Williams-Carroll, (The Hillis Firm, LLC), Atlanta, for appellee.

    Case Number: A22A0569

    County Tax Board's Failure to Justify Delay in Filing Transcript Within Statutory Deadline Warranted Dismissal of Appeal

  • Kinslow v. The State

    Publication Date: 2022-04-25
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Sydney Strickland, (Strickland & Webster, LLC), Atlanta, for appellant.
    for defendant: Patsy Austin-Gatson, Daniel Porter, Ryan Fisher, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.

    Case Number: A19A2460

    Court reverses defendant's conviction for computer trespass, concluding that the evidence did not support a violation of the statutory language

  • Law Journal Press | Digital Book

    Environmental Enforcement: Civil and Criminal

    Authors: Daniel Riesel

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  • Lilly v. The State

    Publication Date: 2022-04-25
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jennifer Arndt, (Assistant Public Defender), Covington, for appellant.
    for defendant: Randal McGinley, Jillian Hall, (Newton County District Attorney's Office), Covington, for appellee.

    Case Number: A22A0564

    Motion For Out-Of-Time Appeal No Longer Legally Cognizable Vehicle For Seeking Relief From Alleged Constitutional Violations

  • Star Residential, LLC et al. v. Hernandez

    Publication Date: 2022-04-22
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Willie Ellis, Warner Fox, Elliott Ream, (Hawkins Parnell Thackston & Young, LLP), Atlanta, for appellant.
    for defendant: Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, Warren Smith, William Smith, (W.Calvin Smith, II, P.C.), Atlanta, for appellee; Jacob Daly, (Freeman, Mathis & Gary, LLP), Atlanta for AM.

    Case Number: A19A2267

    An injured party does not have a private cause of action for nuisance against an apartment complex under the Georgia Street Gang terrorism Prevention Act.

  • Luckett v. Sparkles of Gwinnett, Inc. et al.

    Publication Date: 2022-04-22
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Kurt Kastorf, (Kastorf Law), Atlanta, Joseph Wilson, (Joseph Wilson Injury Lawyers), Dunwoody, for appellant.
    for defendant: Jerry Landers, (Attorney at Law), Marietta, for appellee.

    Case Number: A22A0397

    Genuine Issue of Material Fact Presented As to Whether Skating Rink Operator Had Actual Knowledge of Wet Floor

  • Newlin et al. v. Adamar et al.

    Publication Date: 2022-04-22
    Practice Area: Family Law
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Benjamin Driggers, (B. Dave Driggers, P.C.), Macon, for appellant.
    for defendant: T. Wilkerson, (Law Office of T. Rabb Wilkerson, III, PC), Warner Robins, Nyonnohweah Seekie, (Seekie Law Firm), Macon, for appellee.

    Case Number: A22A0497

    Fundamental Liberty Interest of Biological Mother Warranted Denial of Relatives' Petition to Adopt Her Child

  • Williams v. Jamont et al.

    Publication Date: 2022-04-21
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Sonja Williams, (ShockTheory DLV, Inc.), Alpharetta, for appellant.
    for defendant: Matthew Carlton, (Carlton Law, LLC), Decatur, Brian Jenabzadeh, (Attorney at Law), Alpharetta, for appellee.

    Case Number: A22A0219

    Court affirms summary judgment for defendants in a consolidated breach of contract and dispossessory action based on plaintiff's deemed admissions of requests to admit