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  • Augustin et al. v. Walker Lake Emergency Group, PC

    Publication Date: 2022-08-10
    Practice Area: Contracts
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Joseph Maguire, Robert Kozloski, (Parks, Chesin & Walbert, P.C.), Atlanta,or appellant.
    for defendant: Jeffrey Schwartz, (Jackson Lewis P.C.), Atlanta, Thomas Tate, (Andersen, Tate & Carr, P.C.), Duluth, for appellee.
    Case Number: A22A0833

    Court affirms summary judgment for health care company and rejects terminated physicians' breach of contract argument because their agreements authorized termination

  • The State v. Dorsey

    Publication Date: 2022-08-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Melinda Wynne, Gregory Edwards, (District Attorney's Office, Dougherty Judicial Cir), Albany, for appellant.
    for defendant: Lela Acker, (Georgia Public Defender Council, Appellate Division), Albany, for appellee.
    Case Number: A22A0589

    Court affirms ruling that defendant's plea counsel was constitutionally ineffective and remands for consideration of appropriate remedy other than a new trial

  • Torres v. Torres

    Publication Date: 2022-08-05
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Nancy Jordan, (Kessler & Solomiany), Atlanta, for appellant.
    for defendant: David Ward, (The Ward Law Firm, PA), Lawrenceville, for appellee.
    Case Number: A22A0507

    Court reverses order modifying a divorce decree to order an even division of military retirement benefits because no procedural mechanism supported that modification

  • Mayorga v. Benton

    Publication Date: 2022-08-04
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jonathan Grunberg, Nicole Wade, George Wilson, (Wade, Grunberg & Wilson, LLC), Atlanta, for appellant.
    for defendant: Douglas Clayton, Leah Parker, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, for appellee; Mark Scott, (Fain, Major & Brennan, P.C.), Atlanta, for other party.
    Case Number: A22A0316

    Court reverses dismissal of emotional distress claim and affirms dismissal of negligence claim by a father in a same-sex marriage whose daughter committed suicide

  • NRD Partners II, L. P. v. Quadre Investments, L. P

    Publication Date: 2022-08-03
    Practice Area: Discovery | Fee Disputes
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Stanford Wilson, Brent Wasser, (Elarbee Thompson Sapp & Wilson LLP), Atlanta, Max DeLeon, Fredric Cohen, (Cheng Cohen LLC), Chicago, for appellant.
    for defendant: Thomas Tate, Tyler Dillard, Jaletta Smith, (Andersen Tate & Carr, P.C.), Duluth, for appellee; Emily Hancock, Richard Strickland, (Brown Readdick Bumgartner Carter Strickland & Watkins), Brunswick, Leland Wykoff, Pigeon Forge Lawrence Lebow, Gainesville, Jonathan Lebow, Mercer Island, Miriam Roth, Mercer Island for other party.
    Case Number: A22A0595

    Court vacates attorney fee award in matter involving a motion to compel discovery against a non-party in a shareholder dispute and remands for further analysis

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    Authors: Daniel A. Cohen

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  • Williams v. Dekalb County et al.

    Publication Date: 2022-08-03
    Practice Area: Civil Appeals
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Thomas Burch, (UGA School of Law, Appellate Clinic), Athens, for appellant.
    for defendant: Bennett Bryan, Laura Johnson, Terry Phillips, Shaheem Williams, (DeKalb County Law Department), Decatur, Ken Jarrard, (Jarrard & Davis, LLP), Cumming, Brent Herrin, Gus Small, Benjamin Klehr, (Small Herrin, LLP), Atlanta, for appellee.
    Case Number: A22A0508

    Court affirms dismissal of taxpayer's complaint for injunctive relief and for in camera review of documents but vacates and remands claim for civil damages

  • In re Francys Johnson

    Publication Date: 2022-08-03
    Practice Area: Judges
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Mawuli Davis, (The Davis Bozeman Law Firm PC), Decatur, S. Tate, Bo Coram, (Akin & Tate), Cartersville, for appellant.
    for defendant: Daphne Totten, (Assistant District Attorney Ogeechee Judicial Circuit), Statesboro, for other party.
    Case Number: A22A0608

    Court reverses contempt ruling that the trial judge had issued against a lawyer in a felony murder case, finding that the lawyer was not given his due process rights

  • Johnson v. Lindsay Pope Brayfield & Associates, Inc. et al.

    Publication Date: 2022-08-03
    Practice Area: Employment Litigation
    Industry: Consulting
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Gene Massafra, Atlanta, for appellant.
    for defendant: Robert Thomas, Jaletta Smith, (Andersen Tate & Carr, P.C.), Duluth, for appellee.
    Case Number: A22A0189

    Court affirms summary judgment for employer in a discrimination and wrongful discharge case brought by disabled employee whose accommodation request was denied

  • The State v. Walker

    Publication Date: 2022-08-02
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Carlton Hayes, Sara Grainger, David McElyea, Emily Labutta, (Cherokee County Solicitor-General’s Office), Canton, for appellant.
    for defendant: D. Sessions, (The Sessions Law Firm, LLC), Atlanta, for appellee.
    Case Number: A20A0544

    Court adopts Supreme Court holding that a dismissal of a criminal case for want of prosecution is not a barrier to re-prosecution, but statute of limitations still applies

  • Schrader v. The State

    Publication Date: 2022-08-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, Edward Tolley, (Attorney at Law), Athens, for appellant.
    for defendant: Patsy Austin-Gatson, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, Sheila Ross, John Regan, (Prosecuting Attorneys’ Council of Georgia), Morrow, for appellee.
    Case Number: A22A0067

    Court affirms denial of defendant's plea in bar to dismiss five counts of an indictment due to procedural double jeopardy because defendant filed her plea too late