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  • Najarian Capital, LLC v. Milford, et al.

    Publication Date: 2020-11-18
    Practice Area: Contracts
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Kane St. John, (Attorney at Law), Marietta, for appellant.
    for defendant: Sherrie Milford, College Park, Bret Chaness, (Rubin Lublin, LLC), Peachtree Corners, Kearstin Sale, (Seyfarth Shaw, LLP), Atlanta, for appellee.
    Case Number: A20A1371

    Court determines that mortgage company properly foreclosed on a loan and that subsequent purchaser was entitled to possession and damages for imputed rent

  • Washington v. The State

    Publication Date: 2020-11-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Jason Moon, (Attorney at Law), Valdosta, for appellant.
    for defendant: Joseph Mulholland, Moruf Oseni, (Office of the District Attorney, South Georgia Circuit), Bainbridge, for appellee.
    Case Number: A20A0871

    Court affirms convictions for child molestation and attempt to commit incest over defendant's multiple contentions of ineffective assistance of counsel

  • McManus v. Johnson

    Publication Date: 2020-11-03
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: John Long, (TuckerLong, P.C.), Augusta, for appellant.
    for defendant: Amanda Bellotti, (Capers Dunbar Sanders and Bruckner LLP), Augusta, for appellee.
    Case Number: A20A1185

    Court affirms denial of motion to vacate temporary child custody orders because those orders were not permanent and were not subject to the same required findings

  • Townsend v. The State

    Publication Date: 2020-10-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Lawrenceville, for appellant.
    for defendant: Penny Penn, Heather Dunn, (Assistant District Attorney), Cumming, for appellee.
    Case Number: A20A1478

    Court vacates and remands sentences for theft by taking with instructions to merge convictions, but rejects merger of theft and forgery convictions

  • Wilkes 581 Farms, LLC v. McAvoy

    Publication Date: 2020-10-21
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: M Eberhardt, (Eberhardt & Hale, LLP), Athens, for appellant.
    for defendant: Charles LeGette, (Attorney at Law), Washington, for appellee.
    Case Number: A20A1225

    Court reverse trial court ruling and determines that no prescriptive easement had been established over a landowner's property

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Cooke v. The State

    Publication Date: 2020-10-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Terry Taylor, (Attorney at Law), Evans, for appellant.
    for defendant: Joshua Smith, Natalie Paine, Henry Syms, (Office of the District Attorney), Augusta, for appellee.
    Case Number: A20A1428

    Evidence of Prior Incident Between Defendant and Robbery/Assault Victim Was Admissible as Similar Transaction Evidence

  • Riley v. The State

    Publication Date: 2020-10-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Richard Merritt, (Campbell Knoll LLC), Marietta, for appellant.
    for defendant: Paul Howard, Burke Doherty, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A20A1446

    Trial Court Did Not Err in Sua Sponte Granting New Trial

  • Havenbrook Homes, LLC et al. v. Infinity Real Estate Investments, Inc. et al.

    Publication Date: 2020-09-28
    Practice Area: Contractual Disputes | Real Estate
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Alan Ness, Peachtree Corners, for appellant.
    for defendant: Stephen Snow, Carrie Moss, (Bendin Sumarall & Ladner, LLC), Atlanta, Jeffrey Brown, (Brown & Adams, LLC), Columbus, Stephen Dermer, (Dermer Appel Ruder, LLC), Peachtree Corners, for appellee. TMC Services, LLC c/o Terry Clayton, Covington, for other party.
    Case Number: A20A1057

    Property Owner Not Third Party Beneficiary of Construction Contract Between Property Manager and Contractor

  • Allen v. ABM Aviation, Inc.

    Publication Date: 2020-08-25
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Keith Foster, (The Foster Firm LLC), Atlanta, Ralph Goldberg, (Goldberg & Cuvillier, P.C.), Tucker, for appellant.
    for defendant: Yamisi James, Roger Harris, (Swift, Currie McGhee & Hiers, LLP), Atlanta, for appellee. Angela Tartline, (Bovis Kyle Burch & Medlin LLC), Atlanta, Grant Tall, (Bader Law Firm LLC), Atlanta, for other party.
    Case Number: A20A0903

    Court affirms summary judgment for defendant in a slip and fall case where all evidence pointed to plaintiff's equal knowledge of the hazard

  • City of Rincon et al. v. Ernest Communities, LLC

    Publication Date: 2020-08-13
    Practice Area: Civil Procedure | Land Use and Planning
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: John Dickey, (Attorney at Law), Rincon, Patrick O'Connor, Benjamin Perkins, (Oliver Maner LLP), Savannah, for appellant.
    for defendant: David Johnson, Phillip McCorkle, (McCorkle & Johnson LLP), Savannah, for appellee.
    Case Number: A20A0765

    Trial Court Must Consider Application of Zoning Procedures Law to Declaratory Judgment Claims Against City, Which Were Not Barred by Sovereign Immunity