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  • Golden v. Floyd Healthcare Management, Inc. d/b/a Floyd Medical Center

    Publication Date: 2023-08-09
    Practice Area: Civil Procedure | Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Michael Regas, (Stone Law Group), Atlanta, William Stone, (Stone Law Group - Trial Lawyers, LLC), Blakely, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, Ryals Stone, (Boone & Stone), Atlanta, C. Connelly, (Cook & Connelly), Summerville, for appellant.
    for defendant: Julius Peek, Jason Sanker, Benjamin Stell, (Mcrae Smith Peek Harman & Monroe LLP), Rome, Robert Monroe, (Mcrae, Stegall, Peek ET AL), Cedartown, for appellee.
    Case Number: A23A0118

    Medical Malpractice Statute of Repose Not Tolled by COVID-19 Emergency Judicial Orders

  • Harrison et al. v. Harrison

    Publication Date: 2023-08-04
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Tania Tuttle, Sarah Monico, Brett Ledermeier, (McLain & Merritt PC), Alpharetta, Lauren Miller, (Caldwell, Carlson, Elliott & DeLoach LLP), Atlanta, for appellant.
    for defendant: Louis Levenson, (Levenson & Associates), Atlanta, Christopher Williams, (Schulten Ward Turner & Weiss, LLP), Atlanta, for appellee.
    Case Number: A23A0281

    Court reverses summary judgment award that had been in favor of a seller in a property sale dispute due to lack of standing and absence of mutual mistake

  • United Sciences, LLC et al. v. Kellett et al.

    Publication Date: 2023-08-02
    Practice Area: Business Torts | Civil Procedure | Corporate Governance
    Industry: Biotechnology
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Simon Bloom, (Bloom Parham, LLP), Atlanta, Jonathan Palmer, Nicholas Sears, (Knight Palmer, LLC) Atlanta, for appellant.
    for defendant: Samuel Rutherford, Steven Collins, Gavin Reinke, Bryan Lutz, (Alston & Bird LLP), Atlanta, Blake Frye, (Hill, Kertscher & Wharton, LLP), Atlanta, Andrew Gibson, Daniel Hendrix, (The Finley Law Firm PC), Atlanta, Keith Kodosky, Ronald Masterson, Andrew Eaton, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, Samuel Kellett, Artoush Ohanian, Atlanta, for appellee; Wess Sharpe, Richmond Hill, for other party.
    Case Number: A21A1060

    Tortious Interference Claims Against Defendants' Attorneys Properly Dismissed Under Stranger Doctrine

  • Allen v. Shepherd, et al.

    Publication Date: 2023-07-20
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Robert Buck, (Buck Law Firm), Peachtree Corners, for appellant.
    for defendant: John O’Brien, (Thompson, O’brien, Kemp & Nasuit, P.C.), Norcross, William Diehl, (Thompson, O’Brien, Kappler & Nasuti, PC), Peachtree Corners, for appellee.
    Case Number: A23A0463

    Court reverses dismissal of a petition for mandamus to a court clerk because that petition was the petitioner's sole remedy under the facts of his case

  • Defense Products and Services Group, Inc. et al. v. Kinney et al.

    Publication Date: 2023-07-13
    Practice Area: Civil Procedure | Dispute Resolution
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Angelo Merolla, (Merolla & Gold, LLP), Atlanta, for appellant.
    for defendant: Jeffrey Horst, Kana Caplan, (Krevolin & Horst, LLC), Atlanta, for appellee.
    Case Number: A23A0228

    Issue of Whether to Confirm Arbitration Award Was Ripe When It Was Decided

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  • City of Tucker v. City of Clarkston et al.

    Publication Date: 2023-07-13
    Practice Area: Civil Procedure | Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Mark Ford, (Ford Legal, P.C.), Atlanta, for appellant.
    for defendant: Suzanne Osborne, (Department of Law), Atlanta, Stephen Quinn, (Wilson, Morton & Downs), Decatur, Curtis Romig, (Bryan Cave, LLP), Atlanta, Emily Macheski-Preston, (Coleman Talley LLP), Atlanta, Robert Ashe, Kevin Arocha, (Bryan Cave Leighton Paisner LLP), Atlanta, for appellee.
    Case Number: A23A0511

    Claim Against City For Illegal Annexation Became Moot After Portion of Annexed Land Was De-Annexed

  • Om Shiv 2007, LLC v. Varsha 6-1-73, LLC

    Publication Date: 2023-07-07
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Taylor Martin, Amanda Schwartz, (Martin Trial Law), Macon, Donald White, (Adams, Hemingway, Wilson & Rutledge, LLC), Macon, for appellant.
    for defendant: Michael Cooper, Kenneth Barton, (Cooper, Barton & Cooper, LLP), Macon, for appellee.
    Case Number: A23A0613

    Court affirms denial of default judgment against a tenant in a dispossessory action because tenant was added after litigation began and was not required to file an answer

  • Georgia Pain and Wellness Center, LLC v. Hatchett

    Publication Date: 2023-07-05
    Practice Area: Civil Procedure | Discovery
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: William Long, Sarah Gordon, Edward Wasmuth, (Smith, Gambrell & Russell, LLP), Atlanta, Sean Rosario, (Hunton & Williams LLP), Lawrenceville, for appellant.
    for defendant: John Wingate, (Myers & Wingate, LLP), Gainesville, for appellee; Stephen Berger, (Attorney at Law), Marietta, Kathyrn Guzner, (Attorney at Law), Alpharetta, Marina Melman, (Melman Law Group), Roswell, for other party.
    Case Number: A23A0185

    Court reverses denial of a motion to set aside a contempt order in a discovery dispute involving a nonparty because service of process did not comport with due process

  • Coastal Home Care et al. v. Fann-Roberts

    Publication Date: 2023-06-30
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Ernest Burriss, (Burriss Law Group, LLC), Albany, for appellant.
    for defendant: Ralph Lorberbaum, (Zipperer & Lorberbaum, P.C.), Savannah, for appellee; Amy Urban, (Georgia State Board of Workers’ Compensation), Atlanta, for other party.
    Case Number: A23A0053

    Court affirms that an injured employee's five-year period for a hearing on her workers' compensation claim was extended by the State's COVID-19 Emergency Order

  • Deaton Holdings, Inc. v. Reid et al.

    Publication Date: 2023-06-19
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: P. Freed, (Freeman, Mathis & Gary, LLP.), Atlanta, David Rhodes, (Scrudder, Bass, Quillian, Horlock, Taylor & Lazarus, LLP), Atlanta, Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, for appellant.
    for defendant: Eric Rogers, Michael Goldberg, Nathan Gaffney, (Fried Rogers Goldberg), Atlanta, Robert Finnell, (The Finnell Firm), Rome, for appellee; John Hadden, (Penn Law, LLC), Atlanta, Austin Atkinson, (Hall Booth Smith, P.C.), Atlanta, for other party.
    Case Number: A23A0005

    A defendant in a car accident lawsuit is not entitled to add joint tortfeasors as indispensable parties where that defendant has a right of contribution against them