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  • Duncan et al. v. Rawls et al.

    Publication Date: 2021-07-05
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Michael Foust, Allan Parks, David Walbert, (Parks, Chesin & Walbert, P. C.), Atlanta, for appellant.
    for defendant: David Balser, John Toro, Letitia McDonald, Julia Barrett, (King & Spalding, LLP), Atlanta, for appellee.
    Case Number: A21A0258

    Court affirms that a trust's in terrorem clause applied to the trust beneficiaries' claim for tortious interference and that they had no claim for breach of fiduciary duty

  • Emory Healthcare, Inc. et al. v. Farrell

    Publication Date: 2021-06-28
    Practice Area: Dispute Resolution | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Robert Stannard, (Attorney at Law), Atlanta, Alan Payne, (Bendin Sumrall & Ladner, LLC), Atlanta, Stephen Sparwath, Kyle Sparwath, (Owen Gleaton Egan Jones & Sweeney LLP), Atlanta, Anna Fretwell, (Huff, Powell & Bailey, LLC), Atlanta, Kristin Malcolm, (Insley & Race, LLC), Atlanta, for appellant.
    for defendant: Kenneth Sissel, (Attorney at Law), Lilburn, for appellee. Kurt Kastorf, (Kastorf Law), Atlanta, or AM.
    Case Number: A21A0173

    Court affirms denial of motion to compel arbitration in a medical malpractice case where provider relied on a previously-executed arbitration agreement

  • Murrell v. The State

    Publication Date: 2021-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Sean Lowe, (Assistant Public Defender), Ringgold, for appellant.
    for defendant: Leigh Patterson, (District Attorney), Rome, for appellee.
    Case Number: A21A0495

    Trial Court Lacked Jurisdiction to Issue Order on State's Motion to 'Clarify Terms of Sentence'; Court's Actions Unlawfully Increased Defendant's Sentence

  • Alvarez-Maldonado v. The State

    Publication Date: 2021-06-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Lawrenceville, for appellant.
    for defendant: Patsy Austin-Gatson, Daniel Porter, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, Brandon Delfunt, (Attorney at Law), Lawrenceville, for appellee.
    Case Number: A21A0463

    Evidence Was Sufficient to Support Jury Finding That Defendant Was in Constructive Possession of Methamphetamine

  • Nobles v. Bonney

    Publication Date: 2021-06-16
    Practice Area: Civil Procedure | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: John Milam, (Attorney at Law), Buford, for appellant.
    for defendant: Alina Krivitsky, (Worsham Corsi Scott & Dobur), Marietta, Z'a Williams, (The Law Office of Nancy W. Phillips), Atlanta, Dane Uhelski, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for appellee.
    Case Number: A21A0243

    Court reverses trial court order and remands case for entry of a dismissal without prejudice rather than with prejudice where plaintiff failed to file a prior substitution

  • Law Journal Press | Digital Book

    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri

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  • Caruthers et al. v. City of Rochelle, Georgia

    Publication Date: 2021-06-15
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: James Ford, (James Lee Ford, P.C.), Atlanta, Mitchell McGough, (Mitchel E. McGough Law LLC), Atlanta, for appellant.
    for defendant: Sara Brochstein, Dana Maine, Kevin Stone, (Freeman Mathis & Gary, LLP), Atlanta, for appellee.
    Case Number: A21A0038

    Court affirmed jury verdict for City in a negligence and nuisance case where a decedent fell into a hole dug by City employees on private property

  • Belliveau et al. v. Floyd

    Publication Date: 2021-06-11
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Michael Manely, (The Manely Firm, P.C.), Marietta, David Purvis, (The Manely Firm, P.C.), Savannah, for appellant.
    for defendant: Judson Smith, Jennifer Brownell, (Smith Law Group, P.C.), Vidalia, for appellee.
    Case Number: A21A0505

    Trial Court Erred in Granting Biological Father's Legitimation Petition Without First Holding Evidentiary Hearing

  • Smith v. Tibbits, Executor et al.

    Publication Date: 2021-05-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Donald Defoor, (Don F. Defor, P.C.), Douglasville, for appellant.
    for defendant: Robert Carlson, Harry MacDougald, Christine Buckler, (Caldwell, Carlson, Elliott & DeLoach, LLP), Atlanta, for appellee.
    Case Number: A20A1987

    Court reverses summary judgment in favor of an estate executor when genuine issue of material fact existed as to whether certain real and other property had been transferred

  • Robertson v. The State

    Publication Date: 2021-05-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Karen Brouse, (Brouse Law), Blue Ridge, for appellant.
    for defendant: Lee Darragh, Wanda Vance, (Assistant District Attorney Northeastern Judicial Circuit), Gainesville, for appellee.
    Case Number: A21A0334

    Trial Court Did Not Err in Excluding Defendant From Bench Conferences or in Denying Motion for a Mistrial When Social Worker Allegedly Bolstered Victim's Credibility

  • Maddox v. The State

    Publication Date: 2021-05-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Samantha Trippedo, (Attorney at Law), Norcross, for appellant.
    for defendant: Layla Zon, (District Attorney), Covington, Randal McGinley, (Newton County District Attorney's Office), Covington, Kristen Roddenbery, (Alcovy Judicial Circuit), Monroe, for appellee.
    Case Number: A21A0120

    Court affirms convictions over challenges to evidence seized at crime scene because defendant's guilty plea waived any error in the trial court's denial of a motion to suppress