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  • Northeast Georgia Medical Center, Inc. et al. v. Metcalf et al.

    Publication Date: 2022-04-21
    Practice Area: Medical Malpractice | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Michael Bailey, Randolph Powell, Lindsey Costakos, (Huff, Powell & Bailey, LLC), Atlanta, for appellant.
    for defendant: Kenneth Lewis, (Lewis & Murphy, LLP), Winder, for appellee.
    Case Number: A22A0149

    Court vacates $3 million jury verdict in a wrongful death medical malpractice action because plaintiffs did not have standing to bring a wrongful death action

  • Curgil v. The State

    Publication Date: 2022-04-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Tyler Carey, (Frost & Carey, LLC.), Covington, for appellant.
    for defendant: Randal McGinley, Jillian Hall, (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A22A0088

    Court affirms convictions for rape, child molestation, and other crimes over defendant's challenge to sufficiency of evidence and victim's recanting of claims

  • Coral Hospitality-GA, LLC v. Givens et al.

    Publication Date: 2022-04-20
    Practice Area: Premises Liability
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Neal Scott, (Law Office of Terry-Dawn Thomas), Atlanta, for appellant.
    for defendant: PHILIP Brown, (O'Neal & Brown, P.C.), Macon, Jon-Selby Hawk, (Morgan & Morgan Atlanta PLLC), Macon, Darren Summerville, Jonathan Flack, (The Summerville Firm, LLC), Atlanta, for appellee.
    Case Number: A22A0227

    Court reverses denial of landowner's summary judgment in a premises liability strip-and-fall case because the alleged hazard was open and obvious to the injured plaintiff

  • Francis v. The State

    Publication Date: 2022-04-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Jemelle Francis, (Walker State Prison), Rock Spring, for appellant.
    for defendant: Patsy Austin-Gatson, Christopher DeNeve, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A22A0466

    Trial Court Factually Erred in Finding There Was No Discussion of Credit For Time Served During Plea Hearing

  • Oldham et al. v. Landrum, III et al.

    Publication Date: 2022-04-19
    Practice Area: Litigation
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Larry Oldham, (Larry C. Oldham, P.C.), Cumming, for appellant.
    for defendant: Dana Maine, Mallory Ball, (Freeman Mathis & Gary, LLP), Atlanta, Charles Marsh, (Swift, Currie, McGhee & Hiers), Atlanta, Henry Tharpe, (Sponcler & Tharpe, LLC), Dalton, Myrece Johnson, (Attorney at Law), Atlanta, for appellee.
    Case Number: A21A1271

    Court vacates dismissal of abusive litigation complaint and remands for determination of whether real party-in-interest should be added as a plaintiff

  • Law Journal Press | Digital Book

    Tax Facts on Investments 2023

    Authors: Robert Bloink, Esq., LL.M., William H. Byrnes, Esq., LL.M., CWM®

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  • A & M Hospitalities LLC et al. v. Alimchandani

    Publication Date: 2022-04-18
    Practice Area: Contractual Disputes
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: J. Bright, Justin Scott, (Coleman Talley LLP), Valdosta, John Floyd, Jennifer Peterson, Kamal Ghali, (Bondurant, Mixson & Elmore), Atlanta, James Garland, George Lilly, (Alexander & Vann, LLP), Thomasville, John Kennedy, (James-Bates-Brannan-Groover, LLP), Macon, Timothy Tanner, (Attorney at Law), Valdosta, for appellant.
    for defendant: Henry Scott, (H. Pearce Scott, P.C.), Valdosta, Vineet Roney, (Roney Law LLC), Atlanta, Daniel Lombard, David Lakin, Jonathan Bunge, Daniel Scwartz, Sanford Weisburst, (Quinn Emanuel Urquhart & Sullivan LLP), Chicago, New York, K. Cooke, (Gautreaux Law, LLC), Macon, for appellee; Christopher Cohilas, (Watson Spence LLP), Albany, for other party.
    Case Number: A21A1576

    Court determines that a plaintiff's second amended complaint is barred by res judicata

  • Stanley v. Edwards

    Publication Date: 2022-04-18
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Sherry Campbell, (Attorney at Law), Warner Robins, for appellant.
    for defendant: James Garner, (James C. Garner, LLC), Dublin, for appellee.
    Case Number: A21A1500

    Court reverses order granting a father's motion for modification of a child custody and support, finding no material changes in circumstances to justify the order

  • McNeil v. The State

    Publication Date: 2022-04-18
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Ashleigh Merchant, (The Merchant Law Firm, PC), Marietta, for appellant.
    for defendant: Anthony Williams, (Assistant District Attorney), Dallas, Matthew Rollins, (Paulding Circuit District Attorney's Office), Dallas, for appellee.
    Case Number: A21A1769

    Trial Counsel's Failure to Secure Expert Witness to Challenge Reliability of Child Victim's Testimony Was Not Prejudicial

  • Driskell v. Dougherty County et al.

    Publication Date: 2022-04-18
    Practice Area: Contractual Disputes
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Jon-Selby Hawk, (Morgan & Morgan Atlanta PLLC), Macon, for appellant.
    for defendant: Jason Lewis, Jessica Haygood, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, Sun Choy, Jacob Daly, (Freeman Mathis Gary, LLP), Atlanta, for appellee.
    Case Number: A21A1279

    Court affirms summary judgment for County in a tort case where County did not exercise mutual control over a City employee under an intergovernmental agreement

  • Wise Business Forms Inc. v. Forsyth County et al.

    Publication Date: 2022-04-15
    Practice Area: Damages | Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: George Butler, (Attorney at Law), Dahlonega, for appellant.
    for defendant: Christopher Hamilton, Gregory Meyer, (Jarrard & Davis, LLP), Cumming, Julie Jacobs, Christopher Carr, Keilani Parker, Mary Volkert, (Assistant Attorney General), Atlanta, Luther Beck, John Zwald, (Bekc Zwald & Associates, LLC), Buford, for appellee.
    Case Number: A21A1459

    Court affirms dismissal of claims for per se taking and inverse condemnation as being barred by the statute of limitations