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  • Webbs Erection, Inc. et al. v. Colonial Pacific Leasing Corporation

    Publication Date: 2018-04-30
    Practice Area: Civil Appeals
    Industry: Financial Services and Banking | Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William Piercy, Benjamin Fink (Benjamin Fink Van Horn PC), Atlanta, for appellant.
    for defendant: David Pernini (Wargo & French LLP), Atlanta; Dustin Sharpes (Stone Kalfus LLP), Atlanta, for appellee.
    Case Number: A17A1370

    The trial court did not abuse its discretion in dismissing appellants' notice of appeal under O.C.G.A. § 5-6-48 (c) based on the untimely payment of costs of appeal.

  • Lucas v. Beckman Coulter, Inc.

    Publication Date: 2018-04-12
    Practice Area: Business Torts | Civil Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Dustin Thomas Brown, Peter John Daughtery (Daughtery Crawford & Brown, LLP), Columbus, for appellant.
    for defendant: Kurtis A. Powell, Robert Thomas Dumbacher (Hunton & Williams), Atlanta; Clayton Matthews Adams, Jeffrey Albright Brown (Brown & Adams LLC), Columbus, for appellee.
    Case Number: S17G0541

    The Court of Appeals improperly construed O.C.G.A. § 16-11-135 (e), part of the Business Security and Employee Privacy Act, as granting employers immunity from all firearm-related tort liability for the acts of its employees and the Supreme Court thus reversed the Court of Appeals' decision affirming the grant of summary judgment to employee and employer in plaintiff's suit arising after employee accidentally shot him with a personal handgun while on a service call for employer at plaintiff's place of employment.

  • Potts et al. v. Rueda et al.

    Publication Date: 2018-03-30
    Practice Area: Civil Appeals | Contractual Disputes | Corporate Entities
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Eugene Butt (James Hugh Potts II, LLC), Atlanta; James Potts (Trial Lawyers), Atlanta, for appellant.
    for defendant: Andrew Matteson, Joseph Peake (Stout Kaiser Matteson Peake & Hendrick LLC), Atlanta, for appellee.
    Case Number: A17A0873

    Triable Issues As To Whether Disputing Parties Had Oral Partnership Agreeement

  • Austin Regional Home Care, Inc. et al. v. Careminders Home Care, Inc. et al.

    Publication Date: 2018-03-23
    Practice Area: Civil Appeals | Dispute Resolution | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Rebecca Strickland, Michael Schroder (Swift, Currie, McGhee & Hiers, LLC), Atlanta; Mark VanderBroek, George Ray (Nelson Mullins Riley & Scarborough, LLP), Atlanta, for appellant.
    for defendant: Brian Schleicher (Attorney at Law), Alpharetta, for appellee.
    Case Number: A17A1859

    Court of Appeal Lacked Jurisdiction to Hear Non-Final Order Granting Arbitration

  • Zambetti v. Cheeley Investments, L.P. et al.

    Publication Date: 2018-02-07
    Practice Area: Civil Appeals | Contracts
    Industry: Investments and Investment Advisory
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Jeffrey L. Evans, for appellant.
    for defendant: Miles Patterson Hansford Tallant, Dana B. Miles; Conley Griggs Partin, Cale Conley, Andre T. Tennille III, Alyssa B. Baskam, for appellees.
    Case Number: A17A1052

    The Court affirmed the jury verdict in favor of plaintiffs in their suit for breach of contract and promissory estoppel arising out of defendant's oral agreement to pay the attorney fees of his legal adversaries in a real estate transaction.

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    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Goldstein, Garber & Salama, LLC v. J. B.

    Publication Date: 2018-01-10
    Practice Area: Civil Appeals | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: H. Young, Matthew Barr (Hawkins Parnell Thackston & Young LLP), Atlanta; Jonathan Freiman, Tadhg Dooley (Wiggin and Dana LLP), New Haven, for appellant.
    for defendant: Jennifer Jordan, for appellee.
    Case Number: A15A1491

    The trial court erred in denying defendant dental clinic's motions for directed verdict on plaintiff patient's negligence per se and professional negligence claims arising after a certified registered nurse anesthetist molested her while she was sedated for a dental procedure.

  • Schumacher et al. v. City Of Roswell et al.

    Publication Date: 2018-01-05
    Practice Area: Civil Appeals | Land Use and Planning
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: John Monroe (Attorney at Law), Roswell, for appellant.
    for defendant: Coleen Hosack (Attorney at Law), Forest Park; Dana Maine (Freeman Mathis & Gary), Atlanta, for appellee.
    Case Number: A16A0582

    The trial court properly dismissed plaintiffs' procedural due process claims in their action challenging City's approval of a new zoning ordinance and map that rezoned their respective properties because Georgias Zoning Procedures Law provided plaintiffs with an adequate state remedy to cure alleged procedural irregularities in Citys adoption of the new zoning ordinance.

  • Edokpolor et al. v. Grady Memorial Hospital Corporation

    Publication Date: 2017-12-26
    Practice Area: Civil Appeals | Civil Procedure
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Joseph H. King, Jr. (Joseph H. King, Jr., P.C.), Atlanta, for appellant.
    for defendant: LaTisha Dear Jackson, Jeffrey Emery Tompkins, Gerond Jullian Lawrence (Thomas Kennedy Sampson & Tompkins LLP), Atlanta, for appellee.
    Case Number: S17G0429

    The Court of Appeals erred in holding that a judgment that resolves all of the issues in a case except the amount to be awarded for the expenses of service of process under O.C.G.A. § 9-11-4 (d) is a final judgment.

  • Diversified Holdings, LLP v. City of Suwanee

    Publication Date: 2017-12-07
    Practice Area: Administrative Law | Civil Appeals | Land Use and Planning
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Matthew Parks Benson (Mahaffey Pickens Tucker, LLP), Lawrenceville, for appellant.
    for defendant: Richard A. Carothers, Amy Bryant Cowan, Thomas Monroe Mitchell (Carothers & Mitchell, LLC), Buford, for appellee.
    Case Number: S17A1140

    The trial court properly affirmed a local zoning boards denial of landowner's application to rezone certain property, finding that the denial was not arbitrary or capricious because the propertys current zoning was substantially related to the publics health, safety, morality and welfare.

  • Jones et al. v. Peach Trader Inc., et al.

    Publication Date: 2017-11-29
    Practice Area: Civil Appeals
    Industry: Distribution and Wholesale
    Court: State Court
    Judge: Justice Grant
    Attorneys: For plaintiff: David A. Powell (Law Office of David A. Powell), Gainesville, for appellant.
    for defendant: Teresa E. Adams (Adams Law LLC), Atlanta, for appellee.
    Case Number: S17A1314

    The Georgia Supreme Court vacated the trial courts order dismissing defendants' initial notice of appeal from an order modifying an existing interlocutory injunction and dismissed the appeal because an order modifying or dissolving an interlocutory injunction is not subject to direct appeal under O.C.G.A. § 5-6-34 subsection(a) (4).