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  • Austin Regional Home Care, Inc. et al. v. Careminders Home Care, Inc. et al.

    Publication Date: 2018-03-23
    Practice Area: Civil Appeals | Dispute Resolution | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Rebecca Strickland, Michael Schroder (Swift, Currie, McGhee & Hiers, LLC), Atlanta; Mark VanderBroek, George Ray (Nelson Mullins Riley & Scarborough, LLP), Atlanta, for appellant.
    for defendant: Brian Schleicher (Attorney at Law), Alpharetta, for appellee.
    Case Number: A17A1859

    Court of Appeal Lacked Jurisdiction to Hear Non-Final Order Granting Arbitration

  • In The Interest Of K. D., et al., Children (Father).

    Publication Date: 2018-03-01
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Bryan Villarreal (Attorney at Law), Cedartown, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Penny Hannah (Assistant Attorney General), Atlanta; Shalen Nelson (Senior Assistant Attorney General), Atlanta; Debbie Schindler (SAAG), Newnan, for appellee. Vickey Atkins (Attorney at Law), Rockmart; Robert Brooks (District Attorney), Cedartown, for other party.
    Case Number: A17A1551

    The Court reversed the juvenile court's finding of dependency as to the father, because there was no evidence that any of the children saw or heard the violent exchange between their mother and father and thus no evidence establishing an act of abuse on the part of the father sufficient to warrant a finding of dependency.

  • Tezeno v. The State

    Publication Date: 2018-02-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Jessica A. Seares, for appellant.
    for defendant: Paul L. Howard, Jr., District Attorney, Joshua D. Morrison, Assistant District Attorney, for appellee.
    Case Number: A17A1011

    The Court vacated defendant's convictions for two counts of aggravated child molestation, two counts of sodomy, one count of enticing a child for indecent purposes and one count of solicitation of sodomy and remanded to the trial court for further proceedings after finding that defendant's trial counsel was ineffective in several respects.

  • Jubilee Development Partners, LLC et al. v. Strategic Jubilee Holdings, LLC et al.

    Publication Date: 2018-01-23
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: David Conley, Jeffrey Daxe (Moore Ingram Johnson & Steele LLP), Marietta, for appellant.
    for defendant: Simon Bloom, Ryan Pumpian, John Phillips (Bloom Sugarman LLP), Atlanta, for appellee.
    Case Number: A17A2137

    The trial court properly denied appellants' motion to strike, or in the alternative, motion to dismiss the complaint filed against them for violation of Georgia's statute regarding strategic lawsuits against public participation because the claims against appellants were not based on an act in furtherance of the rights of free speech or petition and the anti-SLAPP statute thus did not apply.

  • Hall v. The State

    Publication Date: 2018-01-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Timothy Lam (Attorney at Law), Monticello, for appellant.
    for defendant: Stephen Bradley (District Attorney, Ocmulgee Judicial Circuit), Milledgeville; Allison Mauldin (Assistant District Attorney), Greensboro, for appellee.
    Case Number: A17A2009

    The trial court did not err in denying defendant's motion to withdraw his guilty plea to child molestation and aggravated stalking because the chief jailer's comments to the defendant before his scheduled trial did not compel a finding of duress.

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  • Harris v. The State

    Publication Date: 2018-01-17
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: John Overocker (Office of the Public Defender Coweta Judicial Circuit), Carrollton, for appellant.
    for defendant: Anne Allen (Assistant District Attorney Coweta Judicial Circuit), Carrollton; Peter Skandalakis (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.
    Case Number: A17A1941

    The record supported the trial court's finding that the prosecutors failure to redact a video recording of defendant's interview with an investigator, which led to a mistrial, was not made purposefully to subvert double jeopardy protections and the trial court, therefore, did not err in denying defendant's plea in bar/motion in autrefois convict in which he contended that the double jeopardy clause barred his further prosecution for child molestation.

  • Taylor v. The State

    Publication Date: 2018-01-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Darrell Reynolds (Darrell B. Reynolds, P.C.), Decatur, for appellant.
    for defendant: Tracy Lawson (District Attorney), Jonesboro; Elizabeth Rosenwasser (Clayton County District Attorney), Jonesboro, for appellee.
    Case Number: A17A1619

    The evidence supported defendant's convictions for conspiracy to commit burglary, two counts of burglary in the first degree, criminal damage to property in the first degree, battery, two counts of home invasion in the first degree, armed robbery, aggravated assault, aggravated assault with intent to rob, kidnapping, false imprisonment and four counts of possession of a weapon during the commission of a crime.

  • Curles et al. v. Psychiatric Solutions, Inc. et al.

    Publication Date: 2017-12-05
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Nathan Williams (The Williams Litigation Group, P.C.), Brunswick; Darren Penn (Penn Law LLC), Atlanta; Timothy Rigsbee, Michael Terry (Bondurant, Mixson & Elmore), Atlanta, for appellant.
    for defendant: Patrick O'Connor, Christopher Ray, Irving Drought (Oliver Maner LLP), Savannah; Andrew Efaw, Thomas Olsen, Stephen Oertle (Wheeler Trigg O'Donnell LLP), Denver, for appellee. Kristin Hiscutt (Bendin, Sumrall & Ladner, LLC), Atlanta, for amicus curiae.
    Case Number: A17A1298

    The trial court erred in dismissing plaintiffs' third amended complaint alleging ordinary and medical negligence against the owners, operators, and employees of a psychiatric treatment facility that treated and released a patient who later killed her grandmother and her aunt's boyfriend.

  • In The Interest of B. D. O., A Child.

    Publication Date: 2017-11-28
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A1241

    There was clear and convincing evidence to support the juvenile court's findings and the Court thus affirmed the termination of father's parental rights to his minor child.

  • Moore et al. v. Jackson

    Publication Date: 2017-11-27
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A16A1900

    The trial court properly affirmed a jury's verdict in favor of petitioner in his action to quiet title to certain property and properly denied defendants' motion for new trial because there was some evidence upon which the jury could rely in forming their verdict and any error in the trial court's initial decision to exclude certain evidence was harmless since the court eventually allowed admission of that evidence.