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  • Perrie v. Sticher

    Publication Date: 2023-02-13
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Kathy Portnoy, (Portnoy, Garner & Nail, LLC), Atlanta, for appellant.
    for defendant: Daniel Greenfield, (Jack F. Witcher), Bremen, Kathleen Connell, (Connell Cummings, LLC), Atlanta, for appellee.
    Case Number: A22A1429

    Family Law Court Erred In Issuing Modified Custody Order Without Providing Prior Notice of Issues To Be Tried

  • Woodruff v. Jones

    Publication Date: 2023-02-01
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Joseph Perrotta, (Monge & Associates), Atlanta, for appellant.
    for defendant: Lori Brennan, (Law Office of James C. McLaughlin), Atlanta, for appellee; Erin Meek, Madison, for other party.
    Case Number: A22A1551

    Time for Seeking Substitution of Party For Deceased Party Did Not Begin Running Prior to Proper Service of Suggestion of Death

  • Hall et al. v. Hill

    Publication Date: 2023-01-04
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Trent Speckhals, (Speckhals Law, P. C.), Atlanta, for appellant.
    for defendant: Thomas Willingham, (Law Offices of Thomas P. Willingham PC), Birmingham, William Norwood, (Pope Mcglamry Kilpatrick Morrison & Norwood P.C.), Atlanta, Yehuda Smolar, (Yes Law Group, LLC), Atlanta, for appellee; John Smith, William Purvis, (Young Thagard Hoffman Smith Lawrence & Shenton), Valdosta, Richard Hines, (Nelson Mullins Riley & Scarborough), Atlanta, for other party.
    Case Number: A21A0111

    Appointment of conservator of minor children by one court divested another court of jurisdiction over alternate conservator's actions in a wrongful death matter

  • Ramos v. Owens

    Publication Date: 2022-12-15
    Practice Area: Civil Procedure | Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Harry Daniels, (Law offices of Harry M. Daniels, LLC), Atlanta, for appellant.
    for defendant: Mark Adelman, Hugh Rowling, Lauren Bruce, (Cobb County Attorney’s Office), Marietta, for appellee.
    Case Number: A22A1409

    Court affirms dismissal of inmate's negligence complaint against a county sheriff because of failure to establish waiver of sovereign immunity

  • Mimbs v. Henry County Schools

    Publication Date: 2022-12-14
    Practice Area: Civil Procedure | Employment Litigation
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: David Black, (Blue Sky Law), Atlanta, Angelina Whitaker, (Blue Sky Law), Smyrna, for appellant.
    for defendant: William White, Matthew Collum, (Smith, Welch, Webb, & White), McDonough, Megan Rittle, (Attorney at Law), McDonough, for appellee.
    Case Number: A21A0327

    On remand from the Georgia Supreme Court, court reverses summary judgment for a school district, ruling that retaliatory discharge action was not time-barred

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Rodriguez v. State Farm Mutual Automobile Insurance Company

    Publication Date: 2022-12-07
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Per Curiam
    Attorneys: For plaintiff: Jeremy Pineres, Alexander Cook-Green, (W. Calvin Smith II P.C.), Atlanta, for appellant.
    for defendant: Rebecca Abraham, Justin Sanders, (Waldon Adelman Castilla Hiestand and Prout), Atlanta, for appellee.
    Case Number: A22A1361

    Plaintiff Did Not Exercise Necessary Diligence to Serve Process on Defendant After Expiration of Statute of Limitation

  • Brandenburg v. City of Vidalia et al.

    Publication Date: 2022-12-06
    Practice Area: Civil Procedure | Government | Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Kathryn Pinckney, Brent Savage, (Savage Turner & Pinckney PC), Savannah, for appellant.
    for defendant: Johnathan Krawcheck, Gary Toman, Anna Idelevich, (Weinberg Wheeler Hudgins Gunn & Dial, LLC), Atlanta, Paul Threlkeld, David Mullens, (Oliver Maner, LLP), Savannah, for appellee; Tyrone Burns, Sr., Lakeland, Tyrone Burns, Jr., (Georgia Diagnostic Class Prison), Jackson for other party.
    Case Number: A22A1027

    Florida Mental Health Services Provider Not Subject to Suit in Georgia For Crimes Committed in Georgia by Florida Client

  • Heritage Roof Truss, Inc. v. Leeper et al.

    Publication Date: 2022-11-30
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Barbara Marschalk, Michelle Whitelaw, (Drew Eckl & Farnham LLP), Atlanta, for appellant.
    for defendant: Chad Reed, (Attorney at Law), Marietta, Cory Close, (Busch Reed & Jones, P.C.), Marietta, for appellee; Chad Shultz, Vernon Hill, (Gordon Rees Scully Mansukhani LLP), Atlanta, Ryan Wilhelm, (Lewis Brisbois Bisgaard & Smith, LLP), Atlanta, Nanette Wesley, (Wesley Firm, LLC), Roswell, Samantha Skolnick, (Bloom Parham LLP), Atlanta, for other party.
    Case Number: A22A1066

    Court reverses denial of motion to dismiss amended complaint where defendant was added after expiration of statute and did not know it would be named as a party

  • Morris v. Real Estate Expert Advisors, LLC et al.

    Publication Date: 2022-11-22
    Practice Area: Business Torts | Civil Procedure | Personal Injury
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Michael Rafi, (Rafi Law Firm, LLC), Atlanta, Darren Summerville, Meghan Hatfield Yanacek, (The Summerville Firm), Atlanta, Meredith Kincaid, (Cross Kincaid), Decatur, for appellant.
    for defendant: Jeffrey Barnes, (Barnes Firm LLP), Atlanta, Laurie Daniel, Atlanta, Adam Joffe, (Attorney at Law), Atlanta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, Paul Spann, (Goodman McGuffey LLP), Atlanta, for appellee; Lloyd Hedrick, (Hedrick Law LLC), Atlanta, for other party.
    Case Number: A22A1116

    Trial Court Erred in Granting Summary Judgment Sua Sponte on Issue Not Raised by Moving Party

  • Pride Medical, Inc. et al. v. John Doe et al.

    Publication Date: 2022-11-21
    Practice Area: Civil Procedure | Class Actions | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jeffrey Bazinet, Jonathan Peters, (Peters & Monyak, LLP), Atlanta, for appellant.
    for defendant: Todd Poole, Bret Moore, Jon David Huffman, (Poole Huffman, LLC), Tucker, Scott McMahan, (Poole Huffman, LLC), Decatur, for appellee.
    Case Number: A22A1140

    Ample Evidence Supported Imposition of Attorney Fees and Expenses as Discovery Sanctions