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  • Pickens County v. Talking Rock Bluffs, LLC

    Publication Date: 2023-04-12
    Practice Area: Civil Procedure | Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Phillp Friduss, (Hall Booth Smith, PC), Atlanta, Nicholas Kinsley, (Hall Booth Smith, PC), Tifton, for appellant.
    for defendant: Joshua Scoggins, (Attorney at Law), Cumming, Jeremy Underwood, Kenneth Kincaid, (Miles Hansford & Tallant, LLC), Cumming, for appellee.
    Case Number: A22A1253

    Court affirms denial of a motion to dismiss a complaint for declaratory judgment that challenged the denial of a party's petition for rezoning

  • American Plumbing Professionals, Inc. v. Servestar, LLC et al.

    Publication Date: 2023-04-05
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Scott Ratchick, (Chamberlain Hrdlicka), Atlanta, for appellant.
    for defendant: Amy Keeney, Samuel Richards, (Adams and Reese LLP), Atlanta, Edmund Whitson, (Adams and Reese LLP), Tampa, for appellee.
    Case Number: A23A0451

    Court vacates a trial court order that had found a non-compete covenant to be unenforceable because trial court did not have jurisdiction to enter that order

  • Lewis v. Gwinnett County et al.

    Publication Date: 2023-04-05
    Practice Area: Civil Procedure | Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, Michael Watson, (Watson Law Firm), Atlanta, Ibrahim Awad, (The Awad Law Firm, P.C.), Woodstock, for appellant.
    for defendant: Tuwanda Williams, Melanie Jean-Noel, (Gwinnett County Law Department), Lawrenceville, for appellee; Nicole Stout, (Attorney at Law), Atlanta, Elise Wilson, (Strawinski & Stout, P.C.), Atlanta, for other party.
    Case Number: A22A1246

    Emergency COVID-19 Court Order Tolled Time For Providing Ante Litem Notice to County of Negligence Action

  • Sophia Williams v. Abebe Sandy Ventures, LLC

    Publication Date: 2023-03-24
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Randy Williams, Patrick Calvo, (Williams Law Group of Georgia, LLC), Atlanta, for appellant.
    for defendant: Wayne Kendall, (Wayne B. Kendall P.C.), Fayetteville, for appellee.
    Case Number: A22A1200

    Court reverses denial of a motion for default in a dispute between a tenant and landlord where tenant had properly served the landlord under OCGA §9-11-14(e)(1)

  • Smith et al. v. State of Georgia

    Publication Date: 2023-03-22
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Christopher Anulewicz, Patrick Silloway, (Balch & Bingham LLP), Atlanta, Douglas McMillan, (Shingler & McMillan LLC), Donalsonville, Eric Gay, (Law Office of Eric L. Gay, LLC), Bainbridge, for appellant.
    for defendant: David Forehand, (Davis & Forehand), Cordele, Joseph Mulholland, Moruf Oseni, (Office of the District Attorney, South Georgia Circuit), Bainbridge, Douglas Dean, (Lawson & Reid), Cordele, for appellee.
    Case Number: A22A1455

    Court affirms order denying a motion to dismiss an asset forfeiture case because underlying complaint met all pleading requirements

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  • Burch v. Marta et al.

    Publication Date: 2023-03-13
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Warren Smith, Brent McIntosh, (W. Calvin Smith, II, PC), Atlanta, for appellant.
    for defendant: Nicole Shockley, (Marta), Atlanta, for appellee.
    Case Number: A22A1655

    Court affirms denial of a motion to set aside a summary judgment order where service was made but recipient mistakenly did not see a summary judgment motion

  • Alli v. Ultra Group of Companies, Inc.

    Publication Date: 2023-03-10
    Practice Area: Civil Procedure
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Scott Hoopes, Justyn Alioto, Timothy Walls, (Mills & Hoopes, LLC), Atlanta, for appellant.
    for defendant: David Merbaum, Andrew Becker, (Merbaum & Becker, P.C.), Alpharetta, Joshua Belinfante, Alexander Denton, Melanie Johnson, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, for appellee.
    Case Number: A22A1706

    Lottery Commission Does Not Have Exclusive Jurisdiction Over Lawsuits Filed Between Coin-Operated Amusement Machine Licensees

  • Hamon v. Connell et al.

    Publication Date: 2023-03-03
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Robert D. Howell, (Howell Law Firm, P.C.), Moultrie, for appellant.
    for defendant: Gregory Tyson Talley, Alphonso Avery Howell, IV, (Coleman Talley LLP), Valdosta, for appellee; Charles Madden Cork, III, (Law Offices of Charles M. Cork, III), Decatur, John J. Park, Jr., (Jack Park Law, LLC), Gainesville, Kenneth James Lewis, (Lewis LAW), Winder, for Amicus Appellant.
    Case Number: S22G0405

    Court holds that a decedent's adult children have an equitable right to pursue a wrongful death action where surviving spouse declines or refuses to do so

  • United Parcel Service of America, Inc. et al. v. Whitlock et al.

    Publication Date: 2023-02-27
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Dennis Cathey, Matthew Cathey, (Cathey & Strain, LLC), Cornelia, for appellee; Denise Hoying, Peter Law, (Law & Moran), Atlanta, John McKinley, Sean Boyd, (Mozley, Finlayson & Loggins LLP), Atlanta, for other party.
    for defendant: Jonathan Friedman, Philip O’Neill, Gary Toman, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, for appellant.
    Case Number: A22A1231

    Court affirms order applying South Carolina law to wrongful death and punitive damages claims and vacates and remands an order that addressed spoliation of evidence

  • Steffey v. Ameris Bank et al.

    Publication Date: 2023-02-22
    Practice Area: Civil Procedure | Contracts
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Allen Meadors, (Allen Meadors Practitioners), Atlanta, for appellant.
    for defendant: Shanon McGinnis, (Wargo & French LLP), Atlanta, for appellee.
    Case Number: A22A1368

    Court reverses dismissal of breach of contract claims where plaintiff was charged interest on a construction loan but never took a draw under that loan