• Wimpy v. Martin

    Publication Date: 2020-08-11
    Practice Area: Attorney Compensation | Contractual Disputes
    Industry: Construction | Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Rustin Smith, (Smith Hulsey Law), Gainesville, Jon David Huffman, (Poole Huffman, LLC), Tucker, Scott Mcmahan, (Poole Huffman, LLC), Decatur, for appellant.
    for defendant: Ernest Woods, (Oliver & Weidner, LLC), Clarkesville, for appellee.

    Case Number: A20A0560

    Partner Breached Fiduciary Duty By Refusing to Share Partnership's Profits

  • Wilson v. Wernowsky et al.

    Publication Date: 2020-07-30
    Practice Area: Attorney Compensation | Damages | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: James Penland, (Attorney at Law), Atlanta, for appellant.
    for defendant: Dana Richens, Edward Wasmuth, (Smith, Gambrell & Russell, LLP), Atlanta, for appellee.

    Case Number: A20A0641

    Widow Presented Sufficient Evidence to Go to Jury in Support of Her Successor-in-Interest Liability Claim Against Late Husband's Business Partner

  • King Petro, Inc. et al. v. Ultra Group of Companies, Inc.

    Publication Date: 2020-07-17
    Practice Area: Civil Appeals | Contractual Disputes
    Industry: Distribution and Wholesale
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Mark Spix, (Attorney at Law), Atlanta, for appellant.
    for defendant: Paul Oliver, (Wimberly Lawson Steckel Schneider & Stine, P.C.), Atlanta, for appellee. Julie Silverstein Barker, (Georgia Lottery Corporation), Atlanta, for other party.

    Case Number: A20A0480

    Court reverses order that denied a vendor's motion to dismiss where a petitioner failed to properly serve and obtain an answer to a petition for a writ of certiorari

  • Spirnak v. Meadows

    Publication Date: 2020-07-08
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Beverly Cohen, (Attorney at Law), Roswell, for appellant.
    for defendant: Kathryn Meadows, Ruskin, for appellee.

    Case Number: A20A0158

    Court affirms denial of claimant's petition to modify a child custody and visitation order but remands for reconsideration of certain payment and fee awards

  • Arrington v. The State

    Publication Date: 2020-07-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Sydney Strickland, (Strickland & Webster, LLC), Atlanta, for appellant.
    for defendant: Joyette Holmes, Amelia Pray, D. Reynolds, John Melvin, (District Attorney's Office, Cobb Judicial Circuit), Marietta, Macon, for appellee.

    Case Number: A18A0829

    Court reverses denial of armed robbery defendant's motion for a new trial due to trial court error in admitting other acts evidence

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Crawford v. Balli et al.

    Publication Date: 2020-07-07
    Practice Area: Civil Procedure | Legal Ethics and Attorney Discipline
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Roy Barnes, John Bartholomew, (The Barnes Law Group LLC), Marietta, Virgil Brown, (Virgil L. Brown & Associates), Zebulon, for appellant.
    for defendant: Charles Boring, (Judicial Qualifications Commission, State of Georgia), Atlanta, IV Easterlin, Atlanta, for appellee.

    Case Number: A20A0124

    Court orders dismissal of a judge's petition for a writ of quo warranto on judicial ethics charges because the judge failed to seek leave of court to file the petition

  • Cuffie et al. v. Armstrong et al.

    Publication Date: 2020-06-23
    Practice Area: Civil Procedure | Legal Malpractice
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Thomas Cuffie, Magua Benson, (The Cuffie Law Firm), Atlanta, for appellant.
    for defendant: Timothy Gardner, (Gardner Trial Attorneys), Atlanta, for appellee.

    Case Number: A20A0072

    Court reverses denial of attorney's motion to dismiss one time-barred malpractice claim but affirms denial of motion to dismiss second claim that was not time-barred

  • Lamb v. The State

    Publication Date: 2020-06-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Nicholas White, (Attorney at Law), Warner Robbins, for appellant.
    for defendant: Karl Cooke, Cara Fiore, (Macon Circuit District Attorney's Office), Macon, for appellee.

    Case Number: A20A0685

    Throwing Lighter Fluid Without Showing Lighter Was Sufficient to Establish its Use as an Offensive Weapon; Armed Robbery Conviction Affirmed

  • Mannion & Mannion, Inc. v. Mendez

    Publication Date: 2020-06-02
    Practice Area: Motor Vehicle Torts
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Steven Bristol, Norman Lovein, (Hall Booth Smith & Slover, PC), Brunswick, for appellant.
    for defendant: Leonard Grinstead, (Merritt & Grinstead), Hinesville, for appellee. Stephen Stincer, (Geico Staff Counsel), Savannah, Kristin Massee, (Ellis Painter Ratterree & Adams LLP), Savannah, Mark Glidewell, (Brannen Searcy & Smith), Savannah, for other party.

    Case Number: A20A0452

    Employer is entitled to summary judgment for no vicarious liability when its employee was on personal business at the time of a tortious negligent act.

  • Mercer University v. Stofer, et al.

    Publication Date: 2020-05-05
    Practice Area: Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Brian Trulock, Alan Payne, (Bendin Sumrall & Ladner, LLC), Atlanta, for appellant.
    for defendant: Ranse Partin, Davis Popper, (Conley Griggs Partin LLP), Atlanta, for appellee.

    Case Number: A17A1515

    After Concertgoer's Fatal Injury at University's Free Concert, University Is Entitled to Immunity From Suit Under Recreational Property Act