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  • Emory University d/b/a Emory University Hospital Smyrna et al. v. Kennestone Hospital, Inc. d/b/a Wellstar Windy Hill Hospital

    Publication Date: 2022-07-28
    Practice Area: Regulation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Robert Threlkeld, Elliott Coward, (Morris Manning & Martin, LLP), Atlanta, for appellant.
    for defendant: Armando Basarrate, David Darden, Grace Kopache, (Parker, Hudson, Rainer & Dobbs), Atlanta, David Conley, Robert Ingram, (Moore Ingram Johnson & Steele, LLP), Marietta, Amy Weil, (The Weil Firm, LLC), Atlanta, for appellee; Christopher Carr, Margaret Eckrote, (Attorney General), Atlanta, Stacey Hillock, (Department of Community Health), Atlanta, Daniel Walsh, Dale Cecka, (Department of Law, State of Georgia), Atlanta, Cathelynn Tio, (Office of the Attorney General, Department of Law), Atlanta, for other party.
    Case Number: A22A0111

    Court finds that a health care facility required a new Certificate of Need to convert from a long-term to short-term acute care facility

  • Kelley et al. v. The Cincinnati Ins. Co.

    Publication Date: 2022-07-28
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: J. Davis, Sarah Martin, (Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP), Rome, for appellant.
    for defendant: James Brieske, (Attorney at Law), Atlanta, David Lift, (Gray, Rust, St. Amand, Moffett & Brieske, LLP), Atlanta, for appellee; Jason Sanker, (McRae, Stegall, Peek, Harman, Smith & Manning), Rome for other party.
    Case Number: A22A0534

    Court affirms denial of uninsured motorist coverage under OCGA §33-7-11 for injuries caused by accidents between two watercraft on a public waterway.

  • Backman v. Backman

    Publication Date: 2022-07-27
    Practice Area: Immigration Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Kathy Portnoy, (Portnoy, Garner & Nail, LLC), Atlanta, for appellant.
    for defendant: Beverly Cohen, (Attorney at Law), Roswell, Norman Cuadra, (Norman H. Cuadra, P.C.), Lawrenceville, for appellee.
    Case Number: A22A0428

    Immigrant's sponsor had a federal support obligation notwithstanding a waiver of support in a prenuptial agreement, but that obligation was limited by her income

  • Johnson v. The State

    Publication Date: 2022-07-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: James Weston, (The Weston Law Firm), Augusta, for appellant.
    for defendant: Joshua Smith, Jared Williams, (District Attorney’s Office), Augusta, for appellee.
    Case Number: A22A0299

    Court reverses convictions for robbery by force because defendant's trial addressed three incidents that occurred over thirteen months, which should have been severed

  • Henry v. State

    Publication Date: 2022-07-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: George Creal, (Attorney at Law), Forest Park, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, Paula Smith, (Attorney General), Atlanta, Pamela Bettis, Joseph Stone, Jefferson Upchurch, (Office of the Solicitor-General of Henry County Henry County Judicial Center), McDonough, for appellee.
    Case Number: A20A0501

    Court affirms denial of new trial motion in a conviction for DUI where defendant challenged his attorney's failure to move to suppress blood test evidence

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    Texas Legal Malpractice & Lawyer Discipline 2023

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • King v. The State

    Publication Date: 2022-07-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Jana Dixon, (Lister Holt & Dennis LLC), Conyers, for appellant.
    for defendant: Pamela Bettis, Katie Payne, (Office of the Solicitor-General of Henry County Henry County Judicial Center), Mcdonough, for appellee.
    Case Number: A22A0263

    Court affirms conviction for driving under the influence based largely on a trooper's observations of defendant's driving and conditions

  • In the Interest of K. K., a Child

    Publication Date: 2022-06-27
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Karimah Boston, (Public Defender's Office - Atlanta Judicial Circuit), Atlanta, Abdulhakim Saadiq, (Saadiq & Associates, LLC), Decatur, for appellant.
    for defendant: Calandra Harps, Christopher Carr, Shalen Nelson, (Assistant Attorney General), Atlanta, Ramona Condell, (Office of the Child Attorney, Fulton County), Atlanta, Mark Brooks, Atlanta, for appellee.
    Case Number: A22A0400

    Court vacates dependency order and remands case for juvenile court to enter a new order addressing whether parental unfitness has been demonstrated to support dependency

  • Gainey v. The State

    Publication Date: 2022-06-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Robert Persse, Savannah, for appellant.
    for defendant: Charles Higgins, (District Attorney's Office for the Brunswick Judicial Circuit), Brunswick, Benjamin Gephardt, (District Attorney's Office for the Brunswick Judicial Circuit), Kingsland, for appellee.
    Case Number: A22A0226

    Court affirms convictions for sexual battery and child molestation over defendant's claims of ineffective assistance of counsel and violations of Fourth Amendment rights

  • Rome Granite, Inc., et al. v. Pinnacle Bank

    Publication Date: 2022-05-27
    Practice Area: Tax
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Richard Campbell, (Richard D. Campbell, LLC), Elberton, Jonathan Stidham, (Stidham & Stidham, P. A.), Bartow, for appellant.
    for defendant: Aaron Kappler, Viraj Deshmukh, (Thompson, O'Brien, Kappler & Nasuti, P.C.), Peachtree Corners, for appellee.
    Case Number: A22A0447

    Lender Failed to Show Mutual Mistake Justifying Equitable Reformation of Security Deed

  • Fulton County Board of Tax Assessors v. Westside Atlanta Retail, LLC

    Publication Date: 2022-05-26
    Practice Area: Real Estate | Tax
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Meredith Germain, Valerie Ross, (Turner Ross Germain, LLC), Marietta, for appellant.
    for defendant: Scott Tinnon, (Attorney at Law), Atlanta, David Dermer, (Lat Sportswear), Atlanta, for appellee.
    Case Number: A22A0555

    Hearing-Officer Hearing Must be Scheduled Within 180 Days Following Taxpayer's Appeal of Property Tax Assessment