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  • Smith v. McTaggart

    Publication Date: 2017-11-01
    Practice Area: Civil Appeals
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Brenda Gardner (The Gardner Law Firm), Atlanta, for appellant.
    for defendant: Nazish Ahmed (Ahmed Law Group), Lagrange, for appellee. Newton County Department of Family and Children Services, Covington, for other party.
    Case Number: A17A0701

    Appellant failed to file a timely notice of appeal from a final order in child custody proceedings; consequently, the Court did not have jurisdiction over his case and dismissed the appeal.

  • Shuman v. The State

    Publication Date: 2017-10-27
    Practice Area: Civil Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Ernest Byrd Shuman, Nicholls, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Robert Ray Auman, Bradfield M. Shealy, Michelle Thomas Harrison (Southern Judicial Circuit District Attorney's Office), Thomasville, for appellee.
    Case Number: S17A1229

    The trial court properly denied defendant's motion for an out-of-time appeal from his 1990 murder convictions because he failed to allege that ineffective assistance by his plea counsel was the reason that he had not filed a timely appeal.

  • Deloney v. The State

    Publication Date: 2017-10-23
    Practice Area: Civil Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Danny E. Deloney, Valdosta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Vanessa Therese Meyerhoefer (Department of Law), Atlanta; Anna Green Cross, Sherry Boston (DeKalb County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A0700

    Defendant was not entitled to an out-of-time appeal following his guilty plea to the felony murder of his 6-year-old daughter and numerous other crimes and the trial court was thus not required to hold an evidentiary hearing on his motion.

  • Rebel Auction Co., Inc. v. The Citizens Bank

    Publication Date: 2017-10-19
    Practice Area: Civil Appeals | Evidence | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: John Smith (Young Thagard Hoffman, Smith & Lawrence), Valdosta, for appellant.
    for defendant: Markie Perry (Cowart & Perry, LLP), Valdosta; Clifford Kirbo (The Kirbo Law Firm), Moultrie, for appellee.
    Case Number: A17A0938

    The trial court erred in granting bank's motion for summary judgment but properly denied defendant's motion for summary judgment in a suit arising out a default on two promissory notes.

  • Wal-Mart Stores East L. P. v. Benson

    Publication Date: 2017-10-19
    Practice Area: Civil Appeals | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Leslie Becknell, Michael Miller (Drew, Eckl & Farnham, LLP), Atlanta, for appellant.
    for defendant: Dylan Hooper (Morgan & Morgan), Atlanta, for appellee.
    Case Number: A17A0880

    The trial court erred in denying summary judgment to store in plaintiff's slip and fall suit because there was no evidence that it had superior knowledge of any hazardous condition.

  • 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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  • Matta-Troncoso et al. v. Tyner

    Publication Date: 2017-10-19
    Practice Area: Civil Appeals | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Bruce Millar (Millar & Mixon, LLC), Jonesboro; James Sullivan (Attorney at Law), Jonesboro, for appellant.
    for defendant: Michael Kendall, Kimberly Mowbray (Kendall Law Group, LLC), Douglasville, for appellee. Michael D. Thornton, Lakeisha L. Thornton, Stockbridge, for other party.
    Case Number: A17A0734

    The trial court misconstrued the applicable law in granting a landlord's motion for summary judgment in plaintiffs' lawsuit arising after the tenants' dogs escaped from a yard due to a broken gate latch and attacked plaintiff because plaintiffs produced evidence of a violation of a county ordinance that required dogs to be at heel or on a leash and plaintiffs, therefore, were not required to produce evidence of the dogs' vicious propensity.

  • Georgia Department Of Public Safety v. Johnson

    Publication Date: 2017-10-17
    Practice Area: Civil Appeals
    Industry:
    Court: Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Robert Bunner (Assistant Attorney General), Atlanta; Matthew Dowling (State of Georgia Department of Law), Atlanta; Christopher Carr (Attorney General), Atlanta; Kathleen Pacious (Deputy Attorney General), Atlanta; Loretta Pinkston-Pope (Senior Assistant Attorney General), Atlanta, for appellant.
    for defendant: John Spurlin (Spurlin & McCorvey), Tifton, for appellee.
    Case Number: A17A0958

    The trial court erred in deferring its ruling a motion to dismiss based on sovereign immunity until trial on the merits, because the factors controlling the trial court's exercise of discretion under O.C.G.A. 9-11-12 subsection (d) were clearly balanced in favor of prompt pre-trial determination of the motion.

  • Mayor and city council of the city of Richmond Hill et al. v. MAIA

    Publication Date: 2017-10-16
    Practice Area: Civil Appeals | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Donald Montgomery (Scheer Montgomery & Call), Savannah; Patrick O'Connor, Benjamin Perkins (Oliver Maner LLP), Savannah; Ray Smith (Attorney at Law), Richmond Hill, for appellant.
    for defendant: Billy Jones, Carl Varnedoe (Jones, Osteen & Jones), Hinesville, for appellee.
    Case Number: A15A2334

    Defendants were entitled to summary judgment on plaintiff's wrongful death claims arising from her 14-year-old daughter's suicide because plaintiff could not demonstrate proximate cause.

  • Anderson v. Laureano

    Publication Date: 2017-10-16
    Practice Area: Civil Appeals
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Kevin Adamson (Adamson & Cleveland, LLC), Norcross, for appellant.
    for defendant: Timothy Gardner (Gardner Trial Attorneys), Atlanta; April Robinson (Attorney At Law), Atlanta; Benjamin Levy (The Werner Law Firm), Atlanta, for appellee.
    Case Number: A17A0986

    The Court of Appeals dismissed appellant's appeal due to lack of jurisdiction based on appellant's failure to follow the discretionary appeal procedure.

  • Tyson et al. v. Scottsdale Indemnity Company

    Publication Date: 2017-10-13
    Practice Area: Civil Appeals | Insurance Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Brent Savage (Savage Turner & Pinckney PC), Savannah, for appellant.
    for defendant: Philip Savrin, Connor Bateman (Freeman Mathis & Gary, LLP), Atlanta; Walter Adams (Attorney at Law), Brunswick, for appellee.
    Case Number: A17A1824

    The trial court properly granted summary judgment to insurer in plaintiff's suit arising after he suffered serious injuries when he was hit by a tree limb while on the job, as the trial court did not err in ruling that the insurance policy excluded plaintiff from coverage.