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  • Northside Hospital, Inc. v. Northeast Georgia Medical Center, Inc. et al.

    Publication Date: 2022-11-25
    Practice Area: Regulation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Robert Rozier, Charlotte Combre, Sanford Moore, (Baker & Hostetler LLP), Atlanta, Roger Hatcher, Matthew Smith, (Smith, Gilliam, Williams & Miles, P.A.), Gainesville, Robert Highsmith, (Highsmith V. Highsmith), Baxley, Robert Highsmith, (Holland & Knight LLP), Atlanta, Dorothy Cornwell, (Smith Moore Leatherwood, LLP), Atlanta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellant.
    for defendant: Armando Basarrate, David Darden, Jameson Bilsborrow, (Parker, Hudson, Rainer & Dobbs LLP), Atlanta, Thomas Cole, (Welchel, Dunlap, Jarrard & Walker, LLP), Gainesville, for appellee; Christopher Carr, Margaret Eckrote, Charles Thimmesch, (Office of the Attorney General), Atlanta, Stacey Hillock, Daniel Walsh, (Department of Law, State of Georgia), Atlanta, for other party.
    Case Number: A22A1081

    Court reverses one superior court's denial of Certificate of Need for a radiation therapy center and affirms a second court's approval of it

  • Tara Bridge Apartments, LP et al. v. Benson

    Publication Date: 2022-11-03
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Barbara Marschalk, Lisa Richardson, (Drew Eckl & Farnham, LLP), Atlanta, Matthew Barr, (Hawkins Parnell Thackston & Young LLP), Atlanta, for appellant.
    for defendant: Eugene Felton, Quinton Seay, (Seay Felton, LLC), Atlanta, for appellee.
    Case Number: A22A0744

    Court reverses denial of a landlord's summary judgment motion against a tenant's premises liability claims relating to a sexual assault that occurred in her apartment

  • Anderson v. Jones

    Publication Date: 2022-10-26
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Britton White, G. White, (Brennan, Harris & Rominger LLP), Savannah, for appellant.
    for defendant: Patricia B. Justin Jones, (Justin T. Jones, PC), Savannah, for appellee.
    Case Number: A22A0812

    Court reverses denial of a motion to enforce a settlement agreement in an auto accident case, finding that the plaintiff's acceptance requirements were improper

  • Atlanta Partners Realty, LLC et al. v. Wohlgemuth

    Publication Date: 2022-10-19
    Practice Area: Contractual Disputes | Real Estate
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Leigh Wilco, (Weissman PC), Atlanta, for appellant.
    for defendant: Gary Hooper, (Hooper Law Partners, LLC), Atlanta, Andrea Martin, (Andrea E. Martin Law, LLC), Atlanta, for appellee; Kristin Hall, (The Law office of Sharon Chester Barnes), Atlanta, for other party.
    Case Number: A22A0634

    Real Estate Buyer Failed to Show Due Diligence in Inspecting Property For Structural Defects Prior to Purchase

  • Premier Pediatric Providers, LLC v. Kennesaw Pediatrics, P. C.

    Publication Date: 2022-10-17
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Frederick Ferrand, Roger Harris, (Swift, Currie, McGhee & Hiers), Atlanta, for appellant.
    for defendant: David Michell, James Sherman, (Stanley, Esrey & Buckley, LLP), Atlanta, for appellee.
    Case Number: A22A0857

    Court reverses denial of a motion to dismiss an appeal and finds because appellant's failure to timely file a transcript was unreasonable and inexcusable

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Stembridge v. Pride Utility Construction Co., LLC

    Publication Date: 2022-10-06
    Practice Area: Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: James Rice, (James A. Rice, Jr., P.C.), Atlanta, for appellant.
    for defendant: Allen Broughton, (Broughton Law), Atlanta, Bret Moore, (Poole Huffman, LLC), Tucker, Timothy Peacock, (Swift, Curie, McGhee & Hiers, LLP), Atlanta, for appellee.
    Case Number: A22A0720

    Court affirms summary judgment for an employer in an auto accident case because its employee was no acting in the scope of employment at the time of the accident

  • Harvard et al. v. John D. Archbold Memorial Hospital, Inc. et al.

    Publication Date: 2022-09-22
    Practice Area: Health Care Law | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Christopher Rodd, (The Rodd Firm LLC), Thomasville, for appellant.
    for defendant: Charles Watt, Alphonso Howell, Gregory Talley, (Coleman Talley LLP), Valdosta, Carlton Joyce, Lucas Bradley, Gregroy Finch, (Bouhan Falligant LLP), Savannah, for appellee; James Thagard, (Young, Thagard, Hoffman, Scott & Smith), Valdosta, Paul Weathington, (Weathington Smith), Atlanta, Lindsay Forlines, (Forlines Law LLC), Atlanta, for other party.
    Case Number: A22A0960

    Medical Malpractice Plaintiff Failed to Show Wife's Death Was Caused by Delay in Treatment

  • Flakes v. The State

    Publication Date: 2022-09-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Cara Clark, (Dwayne C. Singleton, LLC), Griffin, for appellant.
    for defendant: Tasha Mosley, Kelsey Miller, (Clayton County District Attorney’s Office), Jonesboro, for appellee.
    Case Number: A22A1133

    Court affirms convictions for cruelty to children and criminal damage to property over defendant's assertions of insufficient evidence to support his convictions

  • The State v. Anderson

    Publication Date: 2022-09-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Patsy Austin-Gatson, Clifford Kurlander, Nam Nguyen, (Gwinnett County District Attorney’s Office), Lawrenceville, for appellant.
    for defendant: Stuart Mones, (Attorney at Law), Atlanta, for appellee.
    Case Number: A22A0731

    Court vacates trial court's exclusion of other acts evidence and remands for proper application of Rule 403 balancing test and analysis of other potential uses of evidence

  • The State v. Langley

    Publication Date: 2022-08-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: John Cranford, Christine Caldwell, (Coweta County District Attorney's Office), Newnan, for appellant.
    for defendant: Brandon Bullard, (The Bullard Firm, LLC), Atlanta, Jared Craig, (Jared B. Craig, Attorney at Law, LLC), Newnan, for appellee.
    Case Number: A20A1806

    Court vacates its original order and affirms validity of a probated sentence for firearm possession by a felon