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Publication Date: 2024-03-12 Practice Area:Family Law Industry: Court:Georgia Court of Appeals Judge:Presiding Judge McFadden Attorneys:For plaintiff: Carol EllisHoyle, (Ellis Hoyle Law, LLC), Stone Mountain, for appellant. for defendant: Douglas Hassinger, Anna O’donnell, (The Siemon Law Firm), Cumming, Clint Christopher Malcolm, for appellee; Marcy Millard, (The Millard Law Firm), Alpharetta, Ravelle Smith, (The Smith Firm, A Family Law Group, LLC), Marietta, for other party. Case Number: A23A1384
Court defers to trial court's discretion and affirms custody award to a father in legitimation case where that father was the child's biological parent but was not married to her mother
Publication Date: 2024-03-11 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Presiding Judge Dillard Attorneys:For plaintiff: Charles Higgins, Benjamin Gephardt, (District Attorney’s Office for the Brunswick Judicial Circuit), Brunswick, Kingsland, for appellant. for defendant: Leo Kight, (Brunswick Judicial Circuit Public Defender Office), Woodbine, Brian Tyrone, (Brunswick Judicial Circuit Public Defender’s Office), Jesup, for appellee. Case Number: A22A0422
On remand and direction from the Georgia Supreme Court, the court vacated its prior judgment and remanded for clarification of an officer's jurisdiction in traffic stop evidence suppression case
Publication Date: 2024-03-11 Practice Area:Damages | Real Estate Industry:Real Estate Court:Georgia Court of Appeals Judge:Judge Markle Attorneys:For plaintiff: Shane Stogner, (Stogner Law, LLC) Marietta, for appellant. for defendant: David Ellison, (Fortson Bentley and Griffin PA), Athens, for appellee. Case Number: A23A1647
Court affirms enforceability of a lease guaranty but vacates calculation of damages in a lease dispute and remands for evaluation of penalty clause under the proper standard
Publication Date: 2024-03-08 Practice Area:Real Estate Industry:Real Estate Court:Georgia Court of Appeals Judge:Presiding Judge McFadden Attorneys:For plaintiff: John Beck, (Lawson & Beck, LLC), Peachtree City, for appellant. for defendant: Monica Gilroy, (The Gilroy Firm), Atlanta, Matthew Totten, (The Totten Firm, LLC), Atlanta, for appellee. Case Number: A23A1228
Court affirms property owner's right to maintain utility lines on adjacent property outside express easement for maintenance based on a property interest arising from a quasi-easement
Publication Date: 2024-03-08 Practice Area:Communications and Media Industry:Legal Services Court:Georgia Court of Appeals Judge:Presiding Judge McFadden Attorneys:For plaintiff: Chauncey Barnwell, (Chauncey Napoleon Brown Barnwell, PC), Atlanta, for appellant. for defendant: Jay Eidex, (Attorney at Law), Suwanee, for appellee. Case Number: A23A1312
Court affirms attorney fees award in favor of defendant under anti-SLAPP statute in defamation lawsuit between attorneys
Publication Date: 2024-03-08 Practice Area:Communications and Media Industry:Retail Court:Georgia Court of Appeals Judge:Judge Fuller Attorneys:For plaintiff: Justin Showalter, Atlanta, for appellant. for defendant: Thomas Clyde, Jeffrey Fisher, (Kilpatrick Townsend & Stockton LLP), Atlanta, for appellee. Case Number: A23A1234
Court affirms dismissal of libel action under anti-SLAPP statute, emphasizing that the target of the libel action had engaged in protected speech that addressed issues of public interest
Publication Date: 2024-03-07 Practice Area:Real Estate | Tax Industry:Real Estate Court:Georgia Court of Appeals Judge:Judge Gobeil Attorneys:For plaintiff: James Roberts, (Roberts Tate, LLC), St. Simons Island, for appellant. for defendant: Gregory Carter, Amanda Szokoly, (Brown Reddick Bumgartner Carter Strickland & Watkins, LLP), Brunswick, for appellee. Case Number: A23A1344
Court affirms inclusion of the value of memberships in a private club in property tax valuations for purposes of property tax assessments
Publication Date: 2024-03-07 Practice Area:Land Use and Planning Industry:Manufacturing Court:Georgia Court of Appeals Judge:Judge Markle Attorneys:For plaintiff: John Christy, Scott Peters, (Schreeder, Wheeler & Flint), Atlanta, for appellant. for defendant: Harold Melton, Charles Palmer, Charles Peeler, Elizabeth Waldbeser, (Troutman Pepper Hamilton Sanders LLP), Atlanta, for appellee. Case Number: A23A1718
Court vacates bond order in a challenge to the State's approval of a manufacturing and development project
Court affirms motion to suppress evidence seized pursuant to a search warrant where neither the challenger nor the evidence was named in the warrant itself