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  • Gibson-Wright v. Smith

    Publication Date: 2024-02-02
    Practice Area: Civil Appeals
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Tyler Conklin, (Conklin Law Firm), Atlanta, William Kelbaugh, (The Kelbaugh Firm LLC), Atlanta, for appellant.
    for defendant: John O’Brien, William Diehl, (Thompson, O’Brien, Kappler & Nasuti, PC), Peachtree Corners, Norcross, Rudolph Smith, Alapaha, for appellee.
    Case Number: A23A1540

    Court reverses grant of a protective order against a city council member because the evidence did not support that order, and remands for reconsideration of a claim for attorney fees

  • Bray v. Watkins

    Publication Date: 2024-02-01
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Richard Hendrix, Warren Lietz, (Finch McCranie), Atlanta, for appellant.
    for defendant: Jason Waymire, Terry Williams, (Attorney at Law), Buford, for appellee.
    Case Number: A22A1469

    On remand from the Georgia Supreme Court, the court vacated its previous opinion and remanded further for reconsideration of sovereign immunity in a lawsuit against a county sheriff

  • Cooper et al. v. Pollard et al.

    Publication Date: 2024-01-22
    Practice Area: Election and Political Law | Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Christopher Cohilas, Maggie Cropp, (Watson Spence LLP), Albany,, for appellant.
    for defendant: Venterra Pollard, Corey Morgan, Camilla, for appellee; LaTonya Wiley, (Denmark Ashby LLC), Atlanta, for AM.
    Case Number: A24A0389

    Court affirms default judgments in a quo warranto action and denial of a contempt motion pending an appeal in a petitioner's residency eligibility challenge to district council members

  • Sumter County et al. v. Morris et al.

    Publication Date: 2024-01-16
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Raleigh Willis Rollins, H. Thomas Shaw, (Alexander & Vann, LLP), Thomasville, Hayden Hooks Hooks, (Arnold & Hooks LLC), Americus, for appellant.
    for defendant: Ralph F. Simpson, (Simpson Mediation Services), Cobb, for appellee.
    Case Number: S23G0169

    Court clarifies county's obligation in road maintenance, emphasizing the need for county authority to accept the dedication of a road for public use before the county is obligated to maintain it

  • Bray et al. v. Watkins

    Publication Date: 2023-12-14
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Richard Wayne Hendrix, Michael A. Sullivan, (Finch McCranie, LLP), Atlanta, for appellant.
    for defendant: Terry Eugene Williams, Jason Christopher Waymire, (Williams Morris & Waymire), Buford, for appellee.
    Case Number: S23G0836

    Court grants petition for a writ of certiorari, noting that sovereign immunity is a jurisdictional issue that must be resolved before a court addresses the merits of a case.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • McCloud v. Lowndes County Board of Commissioners et al.

    Publication Date: 2023-11-29
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Bradley Robinson, Savannah, for appellant.
    for defendant: James Elliott, (Elliott, Blackburn & Gooding, P. C.), Valdosta, for appellee; Jeremy Willis, (Young, Thagard, Hoffman), Valdosta, for other party.
    Case Number: A23A0683

    Court vacates sovereign-immunity based dismissal of personal injury lawsuit against a Lowndes County employee and remands for clarification of procedural and evidentiary matters

  • State of Georgia v. Chapman

    Publication Date: 2023-11-28
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Christopher Carr, Robert Hamilton, Loretta Pinkston-Pope, Charles Francis, (Attorney General), Atlanta, for appellant.
    for defendant: Thomas Hackel, (Attorney at Law), Waycross, for appellee; Amy Urban, (Georgia State Board of Workers’ Compensation), Atlanta, for other party.
    Case Number: A23A0989

    In a workers' compensation case, court affirms that injured worker's rights were violated when an administrative law judge made factual findings on an issue that was not properly before it

  • Morgan County Hospital Authority v. City of Madison

    Publication Date: 2023-11-27
    Practice Area: Government | Health Care Law | Real Estate
    Industry: Health Care | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Kirk Fjelstul, Kathryn Zickert, (Smith, Gambrell & Russell LLC), Atlanta, for appellant.
    for defendant: James Carter, (James E. Carter Law Firm, LLC), Athens, Frank Jenkins, (Jenkins, Bowen & Walker, P.C.), Cartersville, for appellee.
    Case Number: A23A0795

    Proposed Drug Treatment Facility Would Be Continuation of Long-Time Hospital Use Already Occurring in City Location

  • Madison v. Old 41 Farm, LLC

    Publication Date: 2023-11-22
    Practice Area: Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Carolyn Burch, (The Burch Firm LLC), Columbus, Benjamin Vaughn, (Benjamin A. Vaughn, P.C.), Forsyth, for appellant.
    for defendant: S. Tate, (Akin & Tate), Cartersville, for appellee; Rusi Patel, (Georgia Municipal Association, Inc.), Atlanta, for other party.
    Case Number: A23A0860

    Court reverses grant of writ of mandamus in a sewer availability dispute, noting that a city manager did not abuse her discretion in denying a favorable sewer availability letter

  • Columbia County v. Satcher et al.

    Publication Date: 2023-11-17
    Practice Area: Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Thomas Cathey, Fort Gordon, William Keogh (Hull Barrett, PC), Augusta, for appellant.
    for defendant: James Trotter, (Trotter Jones, LLP), Augusta, Harry Revell, Alexander Revell, (Nicholson Revell LLP), Augusta, William Trotter, (William A. Trotter, III, P.C.), Augusta, for appellee.
    Case Number: A23A0774

    Landowner Could Not Claim Adverse Possession Where Alleged Holder of Easement Never Claimed Right to Easement