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  • Arco Design/Build, LLC v. Savannah Green I Owner, LLC

    Publication Date: 2022-07-14
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Michael Rust, David Sawyer, (Gray, Rust, St. Amand, Moffett & Brieske, L.L.P.), Atlanta, for appellant.
    for defendant: Kevin Hudson, Zachary Hall, (Hudson Parrott Walker, LLC), Atlanta, for appellee.
    Case Number: A22A0056

    Court affirms order finding that the tolling provisions of the State's 2020 Emergency Judicial Orders did not extend the deadline for filing an affidavit of lien waiver

  • U. S. Bank, National Association as Trustee of the Cabana Series IV Trust v. Carrington Mortgage Services, LLC

    Publication Date: 2022-07-01
    Practice Area: Creditors' and Debtors' Rights
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: James Blum, (Blum & Campbell, LLC), Peachtree Corners, for appellant.
    for defendant: Monica Gilroy, Matthew Totten, (The Gilroy Firm), Atlanta, for appellee.
    Case Number: A22A0035

    Court vacates summary judgment for a lender in a lien priority dispute, finding no basis for the trial court's award of equitable relief of reformation and specific performance

  • Smith et al. v. Millsap et al.

    Publication Date: 2022-06-29
    Practice Area: Attorney Compensation | Civil Appeals
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Halsey Knapp, (Krevolin Horst, Inc.), Atlanta, Kathryn Whitlock, (Hawkins Parnell Thackston & Young LLP), Atlanta, Stephen Rothring, Charles Foster, (Hawkins Parnell & Young, LLP), Atlanta, for appellant.
    for defendant: Thomas Tate, Robert Thomas, Tyler Dillard, Jaletta Smith, (Andersen Tate & Carr, P.C.), Duluth, for appellee; Jason Beach, Eric Taylor, Laura Wagner, (Hunton Andrews Kurth LLP), Atlanta, Joshua Kalb, (Barnes & Thornburg, LLP), Atlanta, Gerald Davidson, (Mahaffey Pickens Tucker, LLP), Lawrenceville, for other party.
    Case Number: A22A0429

    Trial Court Order Cancelling Attorney's Lien Prior to Final Judgment Was Not Immediately Appealable

  • Cardinale v. State of Georgia

    Publication Date: 2022-06-14
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Matthew Cardinale, (Matthew Charles Esq. Inc.), Atlanta, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, Paula Smith, (Attorney General), Atlanta, Lyndsey Rudder, (Office of the Fulton County District Attorney), Atlanta, Brooke Heinz Chaplain, (Georgia Law Department), Atlanta, for appellee.
    Case Number: A22A0287

    Court affirms trial court order that dismissed as moot a plaintiff's free speech challenge to the State's shelter-at-home order

  • The State v. Wooten

    Publication Date: 2022-06-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: James Smith, Hannah Herring, (Jackson County District Attorney's Office), Jefferson, for appellant.
    for defendant: William Olson, (The Olson Law Office LLC), Athens, for appellee.
    Case Number: A22A0562

    Photo Lineup Identification of Alleged Perpetrator Was Not Impermissibly Suggestive and Unreliable

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    Delaware County Court Rules 2024

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  • Emerman v. Hetherington

    Publication Date: 2022-05-13
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Stephen Andrews, John Killeen, (Bodker, Ramsey, Andrews, Winograd & Wildstein, P.), Atlanta, for appellant.
    for defendant: Asha Heyward-James, (Waggoner Hasting LLC), Alpharetta, for appellee.
    Case Number: A22A0615

    Divorce Complainant Was Wrongfully Denied Opportunity to Present Evidence as to Claim of Residency

  • Cuffie et al. v. Armstrong et al.

    Publication Date: 2022-04-29
    Practice Area: Civil Procedure | Legal Malpractice
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Thomas Cuffie, Magua Benson, (Cuffie & Associates, P.C.), Atlanta, for appellant.
    for defendant: Timothy Gardner, (Gardner Trial Attorneys), Atlanta, for appellee.
    Case Number: A20A0072

    Statute of limitations for legal malpractice claim in a negligence case begins on the last day when injured party's counsel could have started an underinsured motorist claim

  • Curgil v. The State

    Publication Date: 2022-04-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Tyler Carey, (Frost & Carey, LLC.), Covington, for appellant.
    for defendant: Randal McGinley, Jillian Hall, (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A22A0088

    Court affirms convictions for rape, child molestation, and other crimes over defendant's challenge to sufficiency of evidence and victim's recanting of claims

  • Best v. The State

    Publication Date: 2022-04-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Larry Johnson, (Law Office of Mickey Johnson), Nashville, for appellant.
    for defendant: George Barnhill, (District Attorney's Office), Waycross, John Rumker, (Assistant District Attorney), Douglas, for appellee.
    Case Number: A22A0175

    Testimony From Accomplices and Other Corroborating Evidence Supported Conviction for Store Armed Robberies

  • Ulbrich v. The State

    Publication Date: 2022-04-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Anthony Lake, (Gillen Withers & Lake, LLC), Atlanta, for appellant.
    for defendant: Jason Marbutt, (Assistant District Attorney), Marietta, Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, Paula Smith, (Attorney General), Atlanta, Flynn Broady, Linda Dunikoski, (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: A21A1219

    Court affirms convictions for RICO Act violations theft by deception, and practicing license without a medicine over multiple challenges by defendants