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  • Georgia Department of Community Health v. Houston Hospitals, Inc.

    Publication Date: 2022-11-25
    Practice Area: Regulation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Christopher Carr, Margaret Eckrote, Daniel Walsh, Crystal Lang, Cathelynn Tio, (Office of the Attorney General, Department of Law), Atlanta, for appellant.
    for defendant: Jason Bring, Michael Gray, Kara Gordon, (Arnall, Golden, Gregory), Atlanta, for appellee; Joshua Belinfante, Daniel Monahan, (Robbins Ross Alloy Belinfante Littlefield, LLC), Atlanta, Kathlynn Polvino, (KBP Law, P.C.), Atlanta, Stephen Ecenia, Jennifer Hinson, (Rutledge Ecenia, P.A.), Tallahassee, for other party.
    Case Number: A22A1013

    Court vacates orders that reversed a Department Health's grant of a Certificate of Need and remands to for Department to vacate and reconsider its decision

  • AU Medical Center, Inc. v. Georgia Department of Community Health, et al.

    Publication Date: 2022-11-23
    Practice Area: Administrative Law | Civil Appeals | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Robert Threlkeld, Elliott Coward, (Morris Manning & Martin, LLP), Atlanta, for appellant.
    for defendant: Joshua Belinfante, Daniel Monahan, (Robbins Ross Alloy Belinfante Littlefield, LLC), Atlanta, Stephen Ecenia, (Rutledge Ecenia, P. A.), Tallahassee, Cathelynn Tio, Christopher Carr, (Office of the Attorney General, Department of Law), Atlanta, Jennifer Hinson, (Rutledge Ecenia, P.A.), Tallahassee, Caylee Noggle, (Commissioner-C/O Office of Health Planning), Atlanta, Charles Thimmesch, (Office of the Attorney General), Atlanta, for appellee.
    Case Number: A22A1148

    Party Challenging Grant of Certificate of Need to Hospital Failed to Raise Claim Its Substantial Rights Were Prejudiced

  • Whitehead et al. v. Green as the Parent of Green, Deceased Minor et al.

    Publication Date: 2022-11-09
    Practice Area: Premises Liability | Wrongful Death
    Industry: Consumer Products
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Thomas Brennan, (Fain, Major, & Brennan, P.C.), Atlanta, Matthew Dowling, (State of Georgia Department of Law), Atlanta, William Mitchell, (Cruser Mitchell Novitz Sanchez Gaston & Zimet LLP), Norcross, Reynolds Pitts, (Jonathan R. Brockman, P.C.), Atlanta, for appellant.
    for defendant: Anna Cross, (The Cross Firm LLC), Decatur, Matthew Wilson, Adam Princenthal, (Princenthal & May, LLC), Sandy Springs, Darren Summerville, Jonathan Flack, (The Summerville Firm), Atlanta, Meredith Kincaid, (Cross Kincaid), Decatur, for appellee; Claire Williamson, Brad Parrott, (Hudson Lambert Parrott Walker LLC), Atlanta, for other party.
    Case Number: A22A0797

    Court reverses denials of defendants' summary judgment motions in a wrongful death case following the drowning death of a four-year old

  • Maxwell v. Johnson

    Publication Date: 2022-11-03
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Nancy Jordan, (Kessler & Solomiany), Atlanta, for appellant.
    for defendant: Henry Collins, (Attorney at Law), Newnan, Jean Kutner, (Attorney at Law), Atlanta, for appellee.
    Case Number: A22A0750

    Court reverses modification of a child custody and parenting plan because trial court erred when it found material changes in circumstances to justify the modification

  • City of Sandersville v. Usry et al.

    Publication Date: 2022-10-20
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: John Price, Kyle Waddell, (Fulcher Hagler, LLP), Augusta, for appellant.
    for defendant: Robert Sullivan, (Sullivan Law Firm, P. C.), Statesboro, for appellee.
    Case Number: A22A0768

    No Genuine Issue of Material Fact as to Whether City Garbage Truck's Hazard Lights Were Flashing at Time of Collision

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  • Benevolent Lodge No. 3 v. Frank J. Davis as Executor of the Estate of Randall L. Hattaway

    Publication Date: 2022-10-20
    Practice Area: White Collar Crime
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Thomas Green, (Spivey Pope Green & Greer LLC), Macon, for appellant.
    for defendant: Milton Gardner, (Attorney at Law), Milledgeville, Kevin Wangerin, (Bullard & Wangerin), Macon, for appellee.
    Case Number: A22A0911

    RICO Plaintiffs Failed to Present Evidence That Fraternal Lodge's Tax Accountant Conspired With Treasurer to Steal Lodge Funds

  • Owens v. Progressive Premier Insurance Company of Illinois

    Publication Date: 2022-09-30
    Practice Area: Insurance Litigation | Personal Injury
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Douglas Herman, (The Hostilo Law Firm), Savannah, for appellant.
    for defendant: Thomas Bass, (Brennan, Harris & Rominger), Savannah, for appellee; Travis Meyer, Morgan Allyn, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for other party.
    Case Number: A22A0694

    Court affirms summary judgment for an insurer that denied coverage in an auto accident case because insured party's late notice was unjustified and unreasonable

  • White v. The State

    Publication Date: 2022-09-15
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Karen Brouse, (Brouse Law), Blue Ridge, for appellant.
    for defendant: Leigh Patterson, Margaret Louttit, Natalee Staats, (Assistant District Attorney), Rome, for appellee.
    Case Number: A22A0738

    Trial Counsel's Tenuous Connection to Victim Through Assistant's Relation by Marriage Did Not Establish Actual Conflict of Interest

  • Lawson v. The State

    Publication Date: 2022-09-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Jennifer Cross, (Augusta Judicial Circuit Office of the Public Defender), Augusta, for appellant.
    for defendant: Joshua Smith, Jared Williams, (District Attorney’s Office Augusta Judicial Circuit), Augusta, for appellee.
    Case Number: A22A1100

    Court affirms conviction for aggravated child molestation over defendant's challenge to admission of his prior convictions and other contentions of trial court error

  • Phillips et al. v. Almont Homes NE, Inc.

    Publication Date: 2022-09-09
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Kevin Doyle, G. Mobley, Kristen Guidry, (Lokey, Mobley & Doyle, LLP), Atlanta, for appellant.
    for defendant: Lance Tyler, (Tyler Law Firm), Suwanee, for appellee.
    Case Number: A22A0643

    Court reverses partial cancellation of notice of lis pendens where plaintiffs sought injunctive relief against a developer whose actions were clogging an adjacent stream