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  • Byrne v. Byrne

    Publication Date: 2022-09-30
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: W. Meeks, (Attorney at Law), Leesburg, for appellant.
    for defendant: Anthony Zezima, (Attorney at Law), Lawrenceville, for appellee.
    Case Number: A22A1080

    Court affirms final judgment and divorce decree awarding a father primary physical custody of twin children

  • Ballard v. Biltmore House Condominium Association, Inc.

    Publication Date: 2022-09-29
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Randy Williams, Patrick Calvo, (Williams Law Group of Georgia, LLC), Atlanta, for appellant.
    for defendant: Floyd Dickens, (Gaddis & Lanier, LLC), Peachtree City, Scott Kuperberg, (The Kuperberg Law Firm, LLC), Norcross, Elina Brim, (Lueder, Larkin & Hunter, LLC), Alpharetta, for appellee.
    Case Number: A22A0878

    Court reverses summary judgment order for condominium association on unpaid assessments due to disputed issues of fact as to reasonableness of attorney fees

  • Callaway Gardens Resort, Inc. et al. v. Grant et al.

    Publication Date: 2022-09-28
    Practice Area: Premises Liability
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Leslie Becknell, Hall McKinley, (Drew Eckl & Farnham LLP), Atlanta, Ann Searcy, (Drew Eckl & Farnham LLP), Brunswick, for appellant.
    for defendant: Naveen Ramachandrappa, (Bondurant, Mixson & Elmore LLP), Atlanta, James Rice, (James A. Rice, Jr., P.C.), Atlanta, for appellee.
    Case Number: A22A0856

    Court reverses partial summary judgment for a plaintiff and affirms denial of defendant's summary judgment motion in a premises liability case

  • Knaack v. Henley Park Homeowners Association, Inc.

    Publication Date: 2022-09-26
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: David Metzger, Gala Villahoz, (Williams Teusink, LLC), Decatur, for appellant.
    for defendant: Rebecca Strickland, Christine Russell, (Swift, Currie, McGhee & Hiers, LLC), Atlanta, for appellee.
    Case Number: A22A0743

    Court vacates summary judgment for an association as to a property owner's claims that should be brought as a derivative action and remands for dismissal of those claims

  • Patel v. Patel

    Publication Date: 2022-09-22
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: David Hungeling, (Attorney at Law), Atlanta, Adam Rubenfield, (Hungeling Law, P.C.), Atlanta, for appellant.
    for defendant: Sherri Buda, Bryan Knight, (Knight Johnson, LLC), Atlanta, for appellee.
    Case Number: A22A0902

    Material Issues of Fact Existed as to Whether Agreement to Transfer Property Interest Was Supported by Consideration

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  • John v. Battle Station, LLC

    Publication Date: 2022-09-21
    Practice Area: Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Steven Goldman, (The Goldman Firm LLC), Atlanta, for appellant.
    for defendant: Jason Hergenroether, Matthew Jones, John Padesky, (Busch, Reed, Jones & Leeper, P.C.), Marietta, for appellee.
    Case Number: A22A1060

    Court reverses summary judgment for defendant in a trip-and-fall action where evidentiary issues remained as to the hazard and the plaintiff's knowledge of it

  • Atwood Services, Inc. v. VFH Captive Insurance Company et al.

    Publication Date: 2022-09-21
    Practice Area: Contracts
    Industry: Consulting
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Alex Kaufman, Kevin Kucharz, (Hall Booth Smith P.C.), Atlanta, for appellant.
    for defendant: John Williamson, Joseph York, (Williamson & York, LLC), Atlanta, for appellee.
    Case Number: A22A1031

    Court reverses dismissal of breach of contract causes of action in a dispute involving an original and a subsequent contract, where the subsequent contract was invalid

  • Crumpton et al. v. Samples

    Publication Date: 2022-09-20
    Practice Area: Contractual Disputes | Discovery
    Industry: Brokerage
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: David Klein, (Rountree Leitman & Klein, LLC), Atlanta, for appellant.
    for defendant: Ashley Hughes, (Oliver Hughes LLC), Woodstock, for appellee.
    Case Number: A22A0632

    Court affirmed denial of motion to withdraw admissions and summary judgment order in favor of buyer in a dispute over agent's right to retain earnest money

  • Merchant v. The State

    Publication Date: 2022-09-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: David Willingham, (Willingham Law Firm, P.C.), Marietta, for appellant.
    for defendant: Melissa Tatum, (Deputy Chief Assistant Solicitor-General), Marietta, Barry Morgan, (Cobb Solicitor General), Marietta, Anda Griner, (Portnoy, Garner & Nail), Atlanta, for appellee.
    Case Number: A22A1153

    Court affirms conviction for simple battery over defendant's contentions of insufficient evidence, deprivation of rights, and ineffective assistance of counsel.

  • BC EAV, LLC v. Havlik

    Publication Date: 2022-09-08
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Donald Cook, (Smith & Liss, LLC), Atlanta, for appellant.
    for defendant: Gwendolyn Havlik, (Drew Eckl & Farnham LLP), Atlanta, for appellee.
    Case Number: A22A1111

    Court affirms order in favor of a subsequent possessor in a boundary dispute, finding no evidence of fraud that would void title by prescription through adverse possession