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  • Kennedy v. The State

    Publication Date: 2024-04-25
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Brett Adams, (Ellis C. Smith, Attorney at Law), LaGrange, for appellant.
    for defendant: John Cranford, (Coweta Judicial Circuit), Newnan, John Winne, (Coweta Judicial Circuit District Attorney’s Office ), Lagrange, for appellee.
    Case Number: A23A1412

    Court affirms convictions for firearm possession and other crimes over defendant's challenges to sufficiency of evidence, improper denial of a motion to suppress, and wrongful seizure of evidence

  • Holt et al. v. Glenwood Operating Company, LLC

    Publication Date: 2024-04-25
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Brian Parker, (The Parker Firm, LLC.), Alpharetta, Irwin Ellerin, (Ellerin Law Firm), Atlanta, Stephen McElwee, (Wells & McElwee), Athens, for appellant.
    for defendant: Craig Brookes, Brian Mathis, (Huff Powell Bailey, LLC), Atlanta, Karen Smiley, (Hanks Brookes LLC), Atlanta, for appellee.
    Case Number: A23A1435

    Court affirms summary judgment in favor of a nursing facility on appellants' claims for ordinary negligence and professional negligence

  • Farmer v. Farmer

    Publication Date: 2024-04-25
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Cara Clark, (Dwayne C. Singleton, LLC), Griffin, for appellant.
    for defendant: Marie Broder, (Spalding County District Attorney’s Office), Griffin, for appellee.
    Case Number: A23A1302

    Court reverses summary judgment order and rules that an oral promise to convey a life estate in real estate may be enforceable under specific circumstances

  • Massey v. The State

    Publication Date: 2024-04-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Bradley, (Ocmulgee Circuit Public Defender's Office), Milledgeville, Brian Cathey, (Brian Cathey Law), Athens, for appellant.
    for defendant: Tuttle Barksdale, (Ocmulgee Circuit District Attorneys Office), Eatonton, Jeff Burks, (Ocmulgee Circuit District Attorneys Office), Madison, for appellee.
    Case Number: A24A0008

    Court affirms burglary conviction over defendant's challenge to sufficiency of evidence, which showed defendant's attempt to unlawfully enter a residence

  • Creamer et al. v. Manley

    Publication Date: 2024-04-24
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: C. Adams, Jared Roberts, (Attorney at Law), Douglas, for appellant.
    for defendant: Timothy Tanner, (Attorney at Law), Valdosta, for appellee.
    Case Number: A24A0111

    Court confirms validity of will and rejects caveators' claims of testator's lack of testamentary capacity and undue influence by named beneficiary

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Anderson v. The State

    Publication Date: 2024-04-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Benjamin Goldberg, (The Law Office of Ben Goldberg, LLC), Mableton, for appellant.
    for defendant: Flynn Broady, Linda Dunikoski, (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: A24A0358

    Court affirms convictions for rape and related charges over defendant's challenges of juror's compromise, ineffective assistance of counsel, and insufficient evidence

  • Fun Spot America of Atlanta, Inc. v. Johnson

    Publication Date: 2024-04-23
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Rebecca Strickland, Kelly Chartash, (Swift, Currie, McGhee & Hiers, LLC), Atlanta, for appellant.
    for defendant: Je'Nita Lane, (The J. Lane Law Group, P.C.), Albany, for appellee.
    Case Number: A23A1463

    Court reverses denial of amusement park's motion for summary judgment in a personal injury case, finding that park patron assumed the risk of injury in a go-kart collision incident

  • Wakefield et al. v. Kiser

    Publication Date: 2024-04-23
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Todd Poole, (Poole Huffman), Tucker, for appellant.
    for defendant: Joshua Mayes, Richard Robbins, Catherine Sullivan, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, for appellee; Garrett Nail, (Portnoy Garner & Nail LLC), Atlanta, for other party.
    Case Number: A23A1705

    Court affirms summary judgment for rescission of contract, but reverses attorney fee award at summary judgment and remands for jury's consideration of fees

  • Brownphil, LLC v. Cudjoe et al.

    Publication Date: 2024-04-23
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Kim Stroup, James Banter, (James Bates Brannan Groover, LLP), Macon, for appellant.
    for defendant: Michael Mayo, (Mayo Hill), Macon, for appellee.
    Case Number: A23A1762

    Court affirms prescriptive ownership in a property dispute, finding that property claimants had possessed disputed property under a claim that was public, continuous, exclusive, and uninterrupted

  • McCommons, et al. v. White, et al.

    Publication Date: 2024-04-22
    Practice Area: Wrongful Death
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Martin Fierman, (Attorney at Law), Madison, Ben Fierman, (Fierman Law Firm), Madison, for appellant.
    for defendant: James Joedecke, Render Freeman, Tyler Dillard, Hayley Rymer, (Andersen Tate & Carr PC), Duluth, for appellee.
    Case Number: A23A1541

    Court affirms $22 Million Award in wrongful death lawsuit against dirt bike trail operator, finding evidence of gross negligence that precluded operator's reliance on a waiver signed by decedent