• O'Shields v. The State

    Publication Date: 2019-10-10
    Practice Area: Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Holly Peace, (Manning Legal Group, LLC), Peachtree City, for appellant.
    for defendant: John Fowler, Tracy Lawson, Elizabeth Rosenwasser, (Clayton County District Attorney's Office), Jonesboro, for appellee.

    Case Number: A19A0899

    Trial Court Erred in Denying Requested Jury Instruction on Lesser Included Offenses; New Trial Granted Based on Erroneous Jury Instructions

  • Hill v. MM Gas & Food Mart, Inc.

    Publication Date: 2019-09-26
    Practice Area: Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: David Dorer, (Dozier Law Firm, LLC), Macon, for appellant.
    for defendant: Richard Foster, Elizabeth Bentley, (Swift Currie McGhee & Hiers, LLP), Atlanta, for appellee.

    Case Number: A19A1606

    Court affirms summary judgment for store owner on Plaintiff's negligence and premises liability claims regarding injury from a stray bullet

  • Clayton County, Georgia v. New Image Towing and Recovery, Inc.

    Publication Date: 2019-08-27
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Jack Hancock, (Freeman Mathis & Gary, LLP), Forest Park, Dana Maine, Matthew Weiss, (Freeman Mathis & Gary, LLP), Atlanta, for appellant.
    for defendant: Winston Denmark, Steven Fincher, Danielle Matricardi, (Fincher, Denmark & Williams, LLC), Jonesboro, for appellee. Travis Smith, Aaron McCullough, (Foster, Foster, & Smith, LLC), Jonesboro, for Other party.

    Case Number: A19A0298

    Court Reverses Trial Court Order That Reversed Zoning Board's Denial of Business License to New Business That Refused to Submit a Site Plan for Its Primary Place of Business, Disapproving of Trial Court's Narrow Construction of Zoning Ordinances

  • Edwards v. Moore et al.

    Publication Date: 2019-08-21
    Practice Area: Legal Malpractice
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: James Reed, (The Law Offices of Bill Reed, LLC), Woodstock, for appellant.
    for defendant: Thomas Mock, (Hawkins & Parnell, LLP), Atlanta, for appellee.

    Case Number: A19A0082

    Court Affirms Order Granting Summary Judgment to Lawyer Who Failed to Seek Reformation of Provision in Separation Agreement That Waived Client's Right to Alimony Upon Finalization of Divorce Where Client Failed to Show That Lawyer Could Have Secured Better Outcome

  • Wells v. Regions Bank

    Publication Date: 2019-08-01
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: John Strauss, (Attorney at Law), Covington, for appellant.
    for defendant: Paul Burke, Myles Levelle, Brian Moore, Vivian Fisher, (Drew Eckl & Farnham, LLP), Atlanta, for appellee. Gordon Wells, Conroe, for other party.

    Case Number: A19A0404

    Triable Issue of Fact as to Whether Construction Loan and Line of Credit Were Inextricably Linked

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  • Jones v. The State

    Publication Date: 2019-07-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Genevieve Holmes, (Appellate Division - GPDC), Atlanta, for appellant.
    for defendant: William Akins, Jennifer Bagwell, (Assistant District Attorney), Gainesville, Lee Darragh, (District Attorney, NEJC of GA Northeastern Judicial Circuit), Gainesville, for appellee.

    Case Number: A19A0700

    Court Reverses Conviction for Possession of a Firearm by a Convicted Felon Where Defendant's Counsel Allowed Hearsay from Accomplice Through Investigator Without Objection

  • In the Interest of J. G., a child.

    Publication Date: 2019-07-24
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Kelli Spencer, (The Hawk Firm), Augusta, for appellant.
    for defendant: William Fleming, (Attorney at Law), Augusta, Jacque Hawk, (The Hawk Firm), Augusta, for appellee. Sherry Barnes, (Attorney at Law), Augusta, Dawn Green, (Child Enrichment), Augusta, Barbara Claridge, (Claridge Law Firm), Christopher Carr, Penny Hannah, Shalen Nelson, (Attorney General), Atlanta, Robert Kerr, (Glover, Blount & Kerr), Augusta, Alberta Osborne, (Juvenile Court), Augusta, for other party.

    Case Number: A19A0427

    Juvenile Court Made No Factual Findings Supporting Order Denying Parent's Request For Reunification Case Plan

  • Nugent et al. v. Myles

    Publication Date: 2019-07-22
    Practice Area: Civil Procedure | Legal Malpractice
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Jackson Dial, Earl Gunn, Robert Tanner, (Weinberg, Wheeler, Hudgins, Gunn & Dial), Atlanta, John Floyd, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, Kenneth Hodges, (Ken Hodges Law), Atlanta, for appellant.
    for defendant: Christopher Cohilas, (Watson Spence LLP), Albany, for appellee. George Lilly, (Alexander & Vann), Thomasville, for other party.

    Case Number: A19A0162

    Summary judgment is an inappropriate vehicle to decide the legitimacy of an attorney's engagement agreement.

  • Burnham v. Burnham

    Publication Date: 2019-07-09
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Brad Macdonald, (Hill/MacDonald, LLC), Marietta, for appellant.
    for defendant: Taylor Drake, (Glover & Davis, PA), Newnan, for appellee.

    Case Number: A19A0675

    Court vacates custody modification order because trial court failed to address threshold question of changed circumstances

  • Southern Trust Insurance Company v. Mountain Express Oil Company

    Publication Date: 2019-07-08
    Practice Area: Insurance Litigation
    Industry: Energy | Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Brandon Oren, Christopher Arnold, (Jones Cork & Miller LLP), Macon, for appellant.
    for defendant: James Johnston, (Attorney at Law), Atlanta, for appellee.

    Case Number: A19A0018

    Court affirms summary judgment in favor of an insured party in a coverage dispute