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  • Schumacher et al. v. City Of Roswell et al.

    Publication Date: 2018-01-05
    Practice Area: Civil Appeals | Land Use and Planning
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: John Monroe (Attorney at Law), Roswell, for appellant.
    for defendant: Coleen Hosack (Attorney at Law), Forest Park; Dana Maine (Freeman Mathis & Gary), Atlanta, for appellee.
    Case Number: A16A0582

    The trial court properly dismissed plaintiffs' procedural due process claims in their action challenging City's approval of a new zoning ordinance and map that rezoned their respective properties because Georgias Zoning Procedures Law provided plaintiffs with an adequate state remedy to cure alleged procedural irregularities in Citys adoption of the new zoning ordinance.

  • Wingler et al. v. White et al.

    Publication Date: 2017-12-18
    Practice Area: Government | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: William Lanham, Clark McGehee (Johnson & Ward), Atlanta, for appellant.
    for defendant: Derrick Bingham, Melissa Reading, W. Jones (Owen, Gleaton, Egan, Jones & Sweeney, LLP), Atlanta; Adam Ford (Page Law LLC), Marietta, for appellee.
    Case Number: A17A1549

    The trial court erred in granting summary judgment to sheriff in plaintiffs' suit arising after they were injured when a suspect who was fleeing law enforcement crashed a vehicle into their car because, construing the evidence in favor of plaintiffs, genuine issues of material fact existed as to whether sheriff's deputies acted with reckless disregard for proper law enforcement procedures in continuing the high-speed chase.

  • Gloria Silva v. Liberty Mutual Fire Insurance Company

    Publication Date: 2017-12-04
    Practice Area: Insurance Law | Insurance Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Frederick Massey (Hicks, Massey & Gardner, LLP), Winder, for appellant.
    for defendant: Jonathan Jones (Attorneys at Law), Marietta, for appellee. ShaMiracle Johnson (Law Office of James C. McLaughlin), Atlanta, for other party.
    Case Number: A17A1503

    The trial court properly granted insurer's motion for summary judgment on insured's uninsured/underinsured motorist claim because insured failed as a matter of law to provide insurer with prompt notice of the underlying automobile collision and her personal injury suit against a third party as required for coverage under the terms of her insurance policy.

  • H&E Innnovation, LLC et al. v. Shinhan Bank America, Inc.

    Publication Date: 2017-12-01
    Practice Area: Contracts
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Grace Tillman, Richard Wayne (Richard C. Wayne & Associates, P.C.), Atlanta, for appellant.
    for defendant: Mitchell Rosen, Christopher Hoffman (Kitchens Kelley Gaynes, P.C.), Atlanta, for appellee.
    Case Number: A17A2138

    The trial court erred in denying defendants' motion to enforce a settlement agreement because the rules of contract construction and the uncontroverted parol evidence resolved the ambiguity in the agreement in favor of defendants.

  • Robles et al. v. Yugueros et al.

    Publication Date: 2017-11-27
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Brent Kaplan (Isenberg & Hewitt, PC), Atlanta, for appellant.
    for defendant: Michael Bailey, Erica Jansen (Huff, Powell & Bailey, LLC), Atlanta; Thomas Carlock (Carlock, Copeland & Stair), Atlanta; Wayne McGrew (Weathington McGrew), Atlanta; Neil Edwards (Attorney at Law), Atlanta, for appellee.
    Case Number: A15A1566

    The Court affirmed the trial court's decision to exclude certain deposition testimony the medical malpractice plaintiff sought to admit as an admission against interest, because plaintiff failed to meet his burden of proving that the evidence was admissible.

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Whitmire v. The State

    Publication Date: 2017-11-16
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Howard Anderson (Law Office of Howard W. Anderson, III, LLC), Pendleton, for appellant.
    for defendant: George Christian (District Attorney's Office), Clayton; James Staples (Assistant District Attorney), Clarksville, for appellee.
    Case Number: A17A0951

    The Court vacated the denial of defendant's motion for new trial following his armed robbery conviction in connection with a bank hold-up because the trial judge failed to exercise discretion to sit as a thirteenth juror with respect to the general grounds raised.

  • Simmons v. Wilson

    Publication Date: 2017-11-14
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: William Simmons, Warner Robins, for appellant.
    for defendant: Kelly Burke (Burke Lasseter LLC), Warner Robins; Mark Martin (Attorney at Law), Warner Robins, for appellee.
    Case Number: A17A1097

    The trial court did not abuse its discretion in modifying child custody to grant mother sole custody and deny father visitation, as there was some evidence supporting the trial courts findings regarding father's fitness as a parent.

  • Sadler v. Rigsby

    Publication Date: 2017-11-14
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Diane Sternlieb (Attorney at Law), Carrollton, for appellant.
    for defendant: Desiree Duke, Timothy Heath (The Duke Law Firm, LLC), Carrollton, for appellee.
    Case Number: A17A1300

    Because the trial court failed to issue findings of facts related to its ruling on custody and child support as the Court of Appeals had directed it to do on remand, the Court vacated that portion of the trial courts judgment on the issue of child support and remanded the case for further proceedings consistent with its opinion.

  • Miller v. The State

    Publication Date: 2017-11-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Ramon Alvarado (Attorney at Law), Norcross, for appellant.
    for defendant: Stephanie Woodard (Solicitor General), Gainesville; Michael George (Hall County Solicitor General's Office), Gainesville, for appellee.
    Case Number: A17A0651

    In defendant's DUI trial, the trial court admitted defendant's prior DUI conviction for proper purposes, including that such evidence tended to show her knowledge of the effects of alcohol consumption on her driving and knowledge about the use of testing to determine impairment, and the trial court was authorized to find that the probative value of the evidence was not substantially outweighed by its prejudicial impact, despite the age of the prior DUI conviction.

  • Turner v. The State

    Publication Date: 2017-10-12
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Lawrence Daniel (Attorney at Law), Atlanta, for appellant.
    for defendant: Brian Fortner (Douglas County District Attorney), Douglasville; David Emadi (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: A17A1045

    The evidence supported defendant's conviction for first-degree homicide by vehicle after she "blacked out" and ran over the victim during an argument with the father of her children and his girlfriend.