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  • Meritage Homes of Georgia, Inc. v. Jones et al.

    Publication Date: 2024-07-26
    Practice Area: Civil Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Joshua Scoggins, (Attorney at Law), Cumming, Joseph Mitchell, (Miles Hansford and Tallant, LLC), Cumming, for appellant.
    for defendant: Brian Daughdrill, (Giacoma, Roberts & Daughdrill, LLC), Atlanta, for appellee; Gregory Jay, (Chandler, Britt & Jay, LLC), Buford, for other party.
    Case Number: A24A0001

    Court reverses judgment and remands case for parties to effectuate the litigants' settlement agreement that was finalized after the appellants file their appeal

  • In the Interest of A. S., a Child

    Publication Date: 2024-07-25
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Joshua Smith, (Attorney at Law), Dalton, for appellant.
    for defendant: Calandra Harps, Christopher Carr, (Attorney General), Atlanta, Shalen Nelson, Atlanta, Andrew Powell, (Law Office of Andrew Powell), Cohutta, for appellee; Matthew Thames, (Matthew D. Thames, Attorney at Law), Dalton, Bryan Rayburn, (Coppedge & Associates, PC), Dalton, for other party.
    Case Number: A24A0099

    Court affirms placement change for dependent child due to ongoing domestic violence concerns from her mother's husband

  • Padilla-Garcia v. The State

    Publication Date: 2024-07-25
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Atlanta, for appellant.
    for defendant: Patsy Austin-Gatson, Clifford Kurlander, Christopher DeNeve, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A24A0503

    Court affirms convictions for aggravated sexual battery and child molestation but vacates overbroad probation condition and remands for resentencing

  • Southern Oil Refinery, LLC et al. v. Gloria Jean Price et al.

    Publication Date: 2024-07-25
    Practice Area: Damages | Wrongful Death
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Sharon Horne, Philip Savrin, (Freeman Mathis & Gary), Atlanta, Amanda Matthews, Jessica Seares, (Nall & Miller, LLP), Atlanta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellant.
    for defendant: Scott Forster, Terry Jackson, Peter Lampros, (Attorney at Law), Atlanta, Christopher Hall, (Hall & Lampros, LLP), Atlanta, for appellee; Warren Coppedge, (Coppedge & Associates, P.C.), Dalton, for other party; Robert Roll, (Watkins, Lourie, Roll & Chance, PC), Atlanta, Trent Speckhals, (Speckhals Law, P. C.), Atlanta, Andrew Ashby, Maxwell Thelen, (Ashby Thelen Lowry), Marietta, for AM.
    Case Number: A24A0137

    Court reverses and remands damages judgment in wrongful death case for recalculation because trial court failed to apportion damages properly per statutory requirements

  • In the Interest of M. E. P. S., a Child

    Publication Date: 2024-07-25
    Practice Area: Immigration Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Rebeca Salmon, (Attorney at Law), Norcross, for appellant.
    for defendant: Cathy Lerow, (Attorney at Law), Marietta, for Other party; Christopher Carr, (Attorney General), Atlanta, T. Fleming, (Hunter, Maclean, Exley & Dunn, P.C.), Savannah, Shalen Nelson, Atlanta.
    Case Number: A24A0266

    Court affirms dependency finding but remands case for juvenile court to make findings on special immigrant juvenile (SIJ) status, which affects any return to the child's country of origin

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Rafac v. Jiangsu Linhai Power Machinery Group Corporation

    Publication Date: 2024-07-24
    Practice Area: Civil Procedure | Personal Injury
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Mitchell Graham, (G. Roger Land & Associates), Atlanta, G. Land, (Attorney at Law), Atlanta, for appellant.
    for defendant: Donald Swift, (Andersen, Tate, Carr), Duluth, for appellee.
    Case Number: A24A0092

    Court affirms dismissal of personal injury complaint against ATV manufacturer due to improper service, concluding that a deposition of a registered agent was timely

  • Pollard v. Deloach

    Publication Date: 2024-07-24
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Joseph Mulherin, (Owens & Mulherin), Savannah, for appellant.
    for defendant: Walter Ballew, (Barrow & Ballew, P.C.), Savannah, for appellee.
    Case Number: A24A0539

    Court reverses summary judgment that had been in favor of a landlord in a premises liability case, finding that a jury must consider landlord's constructive knowledge of hazard

  • General Security Indemnity Company of Arizona v. Gerald Jones Ford, LLC

    Publication Date: 2024-07-24
    Practice Area: Insurance Law
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Paul Fields, Stephen Kahn, Taylor Lear, (Fields Howell, LLP), Atlanta, Jeffrey Kershaw, (Kershaw White LLC), Atlanta, David Albaugh, (Christensen Hsu Sipes, LLP), Chicago, for appellant.
    for defendant: Bowen Klosinski, (Klosinkis Overstreet LLP), Augusta, for appellee; Jerquavious Berry, Thomson, for other party.
    Case Number: A24A0477

    Court reverses summary judgment for a car dealership in an insurance dispute, clarifies "invalid" policy interpretation, and rules in favor of dealership's insurer

  • Pollard v. Great Dane, LLC

    Publication Date: 2024-07-24
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Randall Schmidt, Savannah, for appellant.
    for defendant: Allan Galis, David Burkoff, Gracie Shepherd, (Hunter Maclean Exley & Dunn, P.C.), Savannah, for appellee; Robert Turner, Carolyn Spellman, (Savage Turner Pinckney Savage & Sprouse), Savannah, for other party.
    Case Number: A24A0545

    Court reverses summary judgment in favor of defendant in a personal injury/loss of consortium case, citing reasonable explanation for conflicting testimony as to dates of separation

  • Jones v. Hughley

    Publication Date: 2024-07-23
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Kimberly Ellison, Wayne Kendall, (Wayne B Kendall PC), Fayetteville, for appellant.
    for defendant: Tynesha Walls, (Rhodes Walls Law Office, LLC), Snellville, Dana Davis, (Tucker Davis Law LLC), East Point, for appellee.
    Case Number: A24A0567

    In multiple challenges to custody decisions involving an 18-year old special needs child, the court of affirmed contempt and attorney fee rulings but declares custody claims moot