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Publication Date: 2023-02-21 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Judge Hodges Attorneys:For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant. for defendant: Penny Penn, (GA Bell-Forsyth Judicial Circuit), Cumming, Sandra Partridge, (Chief Assistant District Attorney Office of District Attorney), Cumming, for appellee. Case Number: A22A1268
Court affirms convictions for rape and aggravated stalking over defendant's contentions of evidentiary and other error and ineffective assistance of counsel
Publication Date: 2023-02-21 Practice Area:Trusts and Estates Industry: Court:Georgia Court of Appeals Judge:Judge Markle Attorneys:For plaintiff: Paul Andrew, (Andrew, Merritt, Reilly & Smith), Lawrenceville, for appellant. for defendant: Kevin Moore, (Attorney at Law), Atlanta, for appellee. Case Number: A22A1382
In a declaratory judgment action regarding a trust, the court affirmed the denial of equitable relief, vacated a denial of fees, and reversed on an issue of who is a beneficiary
Publication Date: 2023-02-17 Practice Area:Medical Malpractice Industry:Health Care Court:Georgia Court of Appeals Judge:Presiding Judge McFadden Attorneys:For plaintiff: Wayne McGrew, Andrew Bagley, (McGrew Miller Bomar & Bagley LLC), Atlanta, for appellant. for defendant: Steven Wisebram, Lee Gutschenritter, (Finch, McCranie, Brown Hendrix et al), Atlanta, for appellee. Case Number: A22A1714
Court reverses denial of practitioner's summary judgment motion in a malpractice case where she had not relationship with patient, and affirms denial as to other issues
Publication Date: 2023-02-17 Practice Area:Personal Injury Industry:Real Estate Court:Georgia Court of Appeals Judge:Presiding Judge Miller Attorneys:For plaintiff: Darrell Thaw, Andrew Ruberti, (Connell, Thaw & Ruberti, LLC), St. Simons Island, for appellant. for defendant: Adam Craft, (McGee & Craft PC), Waycross, for appellee. Case Number: A22A1256
Court affirms dismissal of libel claim, which was an unactionable statement of opinion, but reverses dismissal of claims for slander, emotional distress, and defamation
Publication Date: 2023-02-17 Practice Area:Real Estate Industry:State and Local Government Court:Georgia Court of Appeals Judge:Judge Land Attorneys:For plaintiff: Amy Cowan, Dana Maine, Marrissa Dunn, (Freeman Mathis & Gary, LLP), Atlanta, for appellant. for defendant: Jason Mirabella, (Mahaffey Pickens Tucker, LLP), Marietta, Mark Weinstein, Camesha Mitchell, (Law Offices of Mark Weinstein P.C.), Cumming, for appellee. Case Number: A22A1533
Court reverses denial of a municipality's motion to dismiss a claim where the claimant's ante litem notice included a range but not a specific damages amount
Publication Date: 2023-02-16 Practice Area:Legal Ethics and Attorney Discipline Industry:Legal Services Court:Georgia Supreme Court Judge:Per Curiam Attorneys:For plaintiff: Wolanda R. Shelton, Paula J. Frederick, Jenny K. Mittelman, William Dallas NeSmith, III, (State Bar of Georgia), Atlanta, for appellant. for defendant: Douglas Vincent Chandler, (Chandler Law LLC), Alpharetta, for appellee; Patrick E. Longan, (Walter F. George School of Law Mercer University), Macon, for other party. Case Number: S23Y0155
Court rejects petition for voluntary sanctions for attorney's communications with a represented witness and remands for consideration of disciplinary rule violations
Publication Date: 2023-02-16 Practice Area:Legal Ethics and Attorney Discipline Industry:Legal Services Court:Georgia Supreme Court Judge:Per Curiam Attorneys:For plaintiff: Wolanda R. Shelton, Paula J. Frederick, Jenny K. Mittelman, William Dallas NeSmith, III, (State Bar of Georgia), Atlanta, for appellant. for defendant: Candice Valerie Blain, Atlanta, for appellee. Case Number: S22Y0661
Court orders disbarment of an attorney who abandoned a client and failed to respond to disciplinary actions
Publication Date: 2023-02-16 Practice Area:Legal Ethics and Attorney Discipline Industry:Legal Services Court:Georgia Supreme Court Judge:Per Curiam Attorneys:For plaintiff: Andreea N. Morrison, Paula J. Frederick, Jenny K. Mittelman, William Dallas NeSmith, III, (State Bar of Georgia), Atlanta, for appellant. for defendant: Randy Scott Chartash, (Chartash Law, LLC), Atlanta, for appellee; Charles David Jones, (Taylor Tucker & Jones LLC), Peachtree City for other party. Case Number: S23Y0306
Court orders disbarment as a sanction against a lawyer who was convicted of conspiracy to commit wire fraud and who failed to report conviction for more than a year
Publication Date: 2023-02-15 Practice Area:Legal Ethics and Attorney Discipline Industry:Legal Services Court:Georgia Supreme Court Judge:Per Curiam Attorneys:For plaintiff: Debra Kaye Scott, Atlanta, for appellant. for defendant: Wolanda R. Shelton, Paula J. Frederick, Jenny K. Mittelman, William Dallas NeSmith, III, (State Bar of Georgia), Atlanta, for appellee. Case Number: S22Y0508
Court suspends attorney from practice of law due to her failure to appear for a public reprimand that was agreed upon as an appropriate sanction for her violations of Bar Rules
Publication Date: 2023-02-15 Practice Area:Criminal Law | Evidence Industry: Court:Georgia Supreme Court Judge:Justice Bethel Attorneys:For plaintiff: Barbara Mattes, (Barbara Mattes, Attorney at Law), Athens, for appellant. for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder, (Department of Law), Atlanta, Walter Cliff Howard, Randal Matthew McGinley, (Alcovy Judicial Circuit District Attorney’s Office), Covington, for appellee. Case Number: S22A1215
Court affirms felony murder and other convictions over defendant's contentions of error regarding a jury charge and abuse of discretion in denying a motion to strike evidence