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  • Sutton v. The State

    Publication Date: 2020-04-23
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Jeffrey Grube, (Attorney at Law), Warner Robins, for appellant.
    for defendant: George Hartwig, (District Attorney), Perry, Alicia Gassett, (Houston County Superior Court), Perry, for appellee.
    Case Number: A19A2433

    Ample Evidence EstablishedThat Defendant Strangled Victim

  • Hildebrand v. City of Warner Robins, et al.

    Publication Date: 2020-04-15
    Practice Area: Administrative Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Mark Martin, (Attorney at Law), Warner Robins, for appellant.
    for defendant: Laura Denton, Sharon Morgan, (Elarbee, Thompson, Sapp & Wilson, LLP), Atlanta, for appellee.
    Case Number: A19A2487

    While Trial Court Prematurely Disposed of Case Without Properly Considering City's Code of Ordinances, Appellant Failed to Preserve Issue for Appellate Review

  • D'Elia v. Phillips Edison & Company, Ltd. et al.

    Publication Date: 2020-03-31
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Charles Bridgers, Michael Caldwell, Earnest Delong, (Delong, Caldwell, Bridgers, Fitzpatrick & Benjamin LLC), Atlanta, for appellant.
    for defendant: Stevan Miller, Gwendolyn Havlik, (Drew Eckl & Farnham LLP), Atlanta, for appellee.
    Case Number: A19A2281

    Alleged Defect That Caused Defendant to Trip and Fall Was a Static Condition That Was Open and Obvious, So Any Alleged Hazard Was Avoidable

  • Owens v. The State

    Publication Date: 2020-03-31
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Roger Curry, (Attorney at Law), Marietta, for appellant.
    for defendant: Joyette Holmes, Marietta, Courtney Mays, (Douglas County Solicitor General), Douglasville, Amelia Pray, John Melvin, (District Attorney's Office, Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A19A2208

    Convictions for Interference With Custody of Minors Reversed as Guardians Would Not Have Had Custody of Minors When They Were With Defendant

  • Gervin et al. v. The Retail Property Trust

    Publication Date: 2020-03-31
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Yinka Omole, (Attorney at Law), Atlanta, for appellant.
    for defendant: Ronald Masterson, Victoria Waller, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellee.
    Case Number: A19A2234

    Premises Liability Plaintiffs' Claims Are Barred by Prior Traversal Doctrine; Plaintiff Injured by Revolving Glass Door Successfully Used it Twice Before on the Same Day

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    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • BCM Construction Group, LLC v. Williams et al.

    Publication Date: 2020-03-25
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Howard Slomka, (Slipakoff & Slomka PC), Atlanta, for appellant.
    for defendant: Douglas Warner, (Warner, Hooper & Ramsey), Peachtree City, for appellee.
    Case Number: A19A1943

    Factual Questions Presented as to Whether Party's Conduct Waived Strict Compliance With Contractual Closing Date

  • Chatham, et al. v. Gardner Excavating, Inc., et al.

    Publication Date: 2020-03-20
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Hylton Dupree, Jeffrey Reilly, (Dupree & Kimbrough, LLP), Marietta, for appellant.
    for defendant: Paul Fields, Crighton Allen, (Fields Howell Athans & McLaughlin, LLP), Atlanta, for appellee.
    Case Number: A19A1864

    Trial court's striking of responsive pleadings was an appropriate sanction for appellant's willful contempt of trial court's payment orders.

  • Hambrick v. The State

    Publication Date: 2020-02-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Cara Clark, (GPDC Appellate Division), Atlanta, for appellant.
    for defendant: Paul Howard, Kevin Armstrong, (Office of the District Attorney), Atlanta, for appellee.
    Case Number: A19A2455

    Court affirms defendant's rape, child molestation, and other convictions over his multiple contentions of error and ineffective assistance of counsel.

  • Wilbur et al. v. Floyd

    Publication Date: 2020-02-25
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: John Hadden, (The Hadden Law Firm, LLC), Atlanta, F. Moffett, (Moffett Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Jerry Landers, (Attorney at Law), Marietta, for appellee.
    Case Number: A19A2321

    Court reverses summary order on probating a will and remands case for proceedings on whether a will was properly attested

  • Miller v. The State

    Publication Date: 2020-02-25
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Benjamin Pearlman, (Office of the Public Defender Western Judicial Circuit), Athens, for appellant.
    for defendant: William Britt, (Office of the District Attorney - Western Judicial Circuit), Athens, Kenneth Mauldin, (District Attorney), Athens, for appellee.
    Case Number: A19A2229

    Court vacates defendant's sentence and remands case for resentencing because his prior nolo contendere conviction does not count for recidivist sentencing