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Publication Date: 2012-11-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Holly Hempel Nelson Mullins Riley & Scarborough LLP, Atlanta, and David Noteware Thompson & Knight LLP, Dallas, for appellant.
for defendant: . Douglas Powell Hinton & Powell, Gilbert Deitch, and Andrew Rogers Deitch & Rogers LLC, Atlanta, for appellees.
Case Number: A12A1362
The trial court erred in finding that the apportionment statute, OCGA § 51-12-33, did not apply in the plaintiffs' premises liability action arising from their son's murder while staying at a
Publication Date: 2012-10-23
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Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: John McGoldrick and Stuart Walker Martin Snow LLP, Macon, for appellant.
for defendant: Thomas James James, Bates, Pope & Spivey and G. Grant Greenwood, Macon, for appellees.
Case Number: A12A1268
The trial court erred in awarding excessive nominal damages that could not meet the standard of triviality under Georgi
Publication Date: 2012-10-23
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Nicholas Papleacos and Richard Hubert Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
for defendant: T. Bart Gary Freeman Mathis & Gary LLP, Otto F. Feil III Taylor Feil Harper Lumsden & Hess PC, Atlanta, and Christopher Bethel Edwards, Friedewald & Grayson, Marietta, for appellees.
Case Number: A12A1584; A12A1922
The trial court did not err in finding that the county properly disposed of the unused portion of a condemned tract in accordance with OCGA § 36-9-3 h rather than OCGA § 32-7-3 a
Publication Date: 2012-10-23
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Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Monica Hanrahan Hanrahan Freitag Family Law LLC, Atlanta, for appellant.
for defendant: Thurbert Baker, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Elizabeth Williamson Attorney General's Office, Lytia Brown Brown Geiger & Associates, and Suparna Joshi John Marshall Law School, Atlanta, for appellee. Other party representation: Elizabeth Price Alston & Bird, Lashawn Mikell Office of the Child Advocate, Ruth Claiborne Claiborne & Surmay PC, Jean Kutner, Atlanta, and Joseph Rosen, Roswell.
Case Number: A12A1468
The juvenile court properly exercised subject matter jurisdiction over the termination of adoptive parents' parental rights of a minor child born in and a citizen of Zambia, who lived in Fulton Coun
Publication Date: 2012-10-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Joshua Campbell and Kenneth Jones Hall, Booth, Smith & Slover PC, Atlanta, for appellant.
for defendant: . Darrell Carver Shur, McDuffie & Morgan, Atlanta, Richard Hobbs, and Kelli Bailey Richard D. Hobbs & Associates, Fayetteville, for appellees.
Case Number: A12A1111
The trial court erred in ruling that the plaintiff's letter to a private law firm, which the defendant county hired as outside legal counsel, constituted substantial compliance with the notice requ
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Authors: Daniel A. Cohen, Joshua Feinstein
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Publication Date: 2012-10-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Wayne Tartline Bovis Kyle & Burch LLC, Atlanta, for appellant.
for defendant: . Mark Nestor and James Freeman The Law Offices of Mark A. Nestor PC, Norcross, for appellees.
Case Number: A12A1316
The defendant homeowners were entitled to summary judgment on the social guest-licensee's negligence claims, as no evidence in the record showed that the homeowners knew, or had reason to know, of a
Publication Date: 2012-10-12
Practice Area:
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Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Jody Peterman, Valdosta, for appellant.
for defendant: Gary Moser Moser and Acree, Valdosta, and Christian Steinmetz Gannam, Gnann & Steinmetz LLC, Savannah, for appellee.
Case Number: A12A1066
The trial court properly granted summary judgment to the defendant employer, as it rebutted the plaintiff's prima facie case of discrimination and the plaintiff failed to present any evidence of pre
Publication Date: 2012-10-12
Practice Area:
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Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Catherine G. McCauley The Gibson Law Firm LLC, Tucker, for appellant.
for defendant: Douglas Wilde and Catherine Semler Law Office of Douglas A. Wilde LLC, Tyrone, for appellee.
Case Number: A12A0877
The trial court properly granted summary judgment to the defendant grocery store in this rainy-day slip-and-fall case, as the plaintiff could not show that the grocery store had superior knowledge o
Publication Date: 2012-09-28
Practice Area:
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Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff:
for defendant:
Case Number: A12A1334
The plaintiff did not show that he had any right to his late great-grandfather's property prior to title passing to the county under a condemnation thus he lacked standing to object to the
Publication Date: 2012-09-28
Practice Area:
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Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: T. Michael Flinn SAAG, Carrollton, for appellant.
for defendant: . Robert Howell, Moultrie, for appellee.
Case Number: A12A1217
The plaintiffs failed to show that the dealership knew that the car it sold the plaintiffs had been in a collision before the sale or that the dealership made any misrepresentation to the plaintiffs
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