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  • Trident Wholesale, Inc. et al. v. Brown

    Publication Date: 2024-02-21
    Practice Area: Civil Appeals | Personal Injury
    Industry: Pharmaceuticals | Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Ernest Satterfield, Pearson Cunningham, Thomas Haswell, Brian Manikowski, (Hall Booth Smith, PC), Atlanta, for appellant.
    for defendant: Robert Kenner, (Law Offices of Robert Kenner, Jr.), Stone Mountain, for appellee; Meghan Olson, (Attorney at Law Dunwoody, Nils Okeson, (Fain Major & Brennan PC), Atlanta, for Other party.
    Case Number: A23A1472

    Court vacates trial court's order denying motions for summary judgment in a case for malicious prosecution and related claims in counterfeit product dispute, and remands for further proceedings

  • Wilson v. The State

    Publication Date: 2024-02-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Larry Duttweiler, (Office of the Public Defender Northeastern Judicial Circuit), Gainesville, for appellant.
    for defendant: Lee Darragh, (District Attorney, NEJC of GA), Gainesville, Rachel Tomlinson, (Hall County District Attorney’s Office), Gainesville, for appellee.
    Case Number: A23A1765

    Court affirms convictions for aggravated assault, battery, and trespass, and rejects defendant's challenges to expert witness testimony

  • Moye v. Northhaven Homeowners Association, Inc.

    Publication Date: 2024-02-21
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Jonathan Alderman, (Anderson, Walker & Reichert), Macon, for appellant.
    for defendant: Thomas Allen, (Martin Snow, LLP), Macon, for appellee.
    Case Number: A23A1709

    Court reverses declaratory judgment favoring an HOA, and rules that new construction on a certain tract in a subdivision is exempt from construction covenants

  • Mancuso v. Cadles of West Virginia, LLC

    Publication Date: 2024-02-20
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Peter Mancuso, Conyers, for appellant.
    for defendant: Donald Suessmith, (McCurdy & Candler, L.L.C.), Decatur,for appellee.
    Case Number: A23A1379

    Court reverses revival of dormant judgment due to improper service by a private process server, rather than a county sheriff as required by statute

  • Adam Rice et al. v. Fulton County et al.

    Publication Date: 2024-02-20
    Practice Area: Civil Procedure | Class Actions
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Mitchell Graham, (G. Roger Land & Associates), Atlanta, G. Land, (Attorney at Law), Atlanta, Jonathan Palmer, (Knight Palmer, LLC), Atlanta, Ranse Partin, (Conley Griggs Partin LLP), Atlanta, Lindsey Hillis, (The Hillis Firm), Atlanta, Nicholas Sears, (Nicholas Sears), Atlanta, for appellant.
    for defendant: Colin Delaney, Dana Richens, Anthony Rollins, Edward Wasmuth, Leah Sears, (Smith, Gambrell & Russell, LLP), Atlanta, Detriss Thomas, Kaye Burwell, (Fulton County Office of the County Attorney), Atlanta, Ken Jarrard, (Jarrard & Davis, LLP), Cumming, Joyce Lewis, Kana Caplan, (Krevolin Horst, LLC), Atlanta, Laura Yellig, (Fulton County Public Defender), Atlanta, Jacob Edwards, (Krevolin Horst), Atlanta, Hermise Pierre, (City of Atlanta Department of Law), Atlanta, John Petty, (City of Roswell Legal Department), Roswell, David Davidson, (Attorney at Law), Roswell, for appellee; Richard Carothers, (Attorney at Law), Buford, for Other Party.
    Case Number: A23A1646

    Court reverses denial of class certification in a taxpayers' proposed class action property tax lawsuit against Fulton County

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

    View this Book

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  • Thompson v. The State

    Publication Date: 2024-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Charles Frier, (Attorney at Law), Atlanta, for appellant.
    for defendant: Fani Willis, Burke Doherty, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: A23A1429

    Court affirms convictions for attempted murder and other crimes over defendant's contentions of insufficient evidence, jury instruction error, and ineffective assistance from counsel

  • McAnnally v. The State

    Publication Date: 2024-02-16
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Frances Kuo, Atlanta, for appellant.
    for defendant: Clayton Fuller, Matthew Moore, (Lookout Mountain Judicial Circuit District Attorney), Lafayette, for appellee.
    Case Number: A23A1239

    Court affirms convictions for firearm possession and obstruction of an officer following a traffic stop and rejected defendants' contentions of insufficient evidence and ineffective assistance of counsel

  • Bennett v. Cashin et al.

    Publication Date: 2024-02-16
    Practice Area: Contracts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Joseph Key, Kayci Timmons, (J. Scott Key, LLC), Madison, for appellant.
    for defendant: David McPherson, (The McPherson Law Firm), Sparta, for appellee.
    Case Number: A23A1708

    Court affirms judgment notwithstanding a jury verdict to the contrary, holding that an unlicensed general contractor cannot recover for nonpayment with a breach of contract claim

  • Sharpe v. McCartney

    Publication Date: 2024-02-16
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Walter Adams, (Attorney at Law), Brunswick, for appellant.
    for defendant: Patrick O’Connor, Amelia Stevens, (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A23A1550

    Court affirms dismissal of action for excessive use of force by the police, concluding it was not a proper renewal action where plaintiff's original case was dismissed for lack of diligence in service

  • Brixmor New Chastain Corners SC, LLC v. James

    Publication Date: 2024-02-15
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Charles Beans, (McLaughlin Law Firm), Alpharetta, for appellant.
    for defendant: Joshua Stein, (J. Stein Law Firm), Atlanta, for appellee.
    Case Number: A22A1499

    On remand from the Georgia Supreme Court, the court affirmed denial of shopping center's summary judgment motion in a premises liability case and adjusts its ruling on spoliation