• Langley v. MP Spring Lake, LLC

    Publication Date: 2018-05-23
    Practice Area: Civil Procedure | Landlord Tenant Law | Premises Liability | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard, C.J.
    Attorneys: For plaintiff: Matthew Gebhardt (Gebhardt Law Firm), Jonesboro, for appellant.
    for defendant: Jacob Daly (Freeman, Mathis & Gary, LLP), Atlanta, for appellee.

    Case Number: A18A0193

    Tenant's Premises Liability Action Against Landlord Was Barred By Contractual Limitation Period Stated in Lease

  • Mays v. The State

    Publication Date: 2018-05-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Charles Cauble (Daniels & Cauble PC), Newnan, for appellant.
    for defendant: Peter Skandalakis (Prosecuting Attorneys' Council of Georgia), Morrow; John Cranford (Coweta Judicial Circuit), Newnan, for appellee.

    Case Number: A18A0434

    The trial court correctly concluded that it was not required, under O.C.G.A. § 17-10-1 (a) (1) (B), to include a behavioral-incentive date in defendant's 10-year sentence of probation after he pleaded guilty as a first offender to one count each of aggravated assault, misdemeanor family-violence battery and third-degree cruelty to children because defendant was not convicted of any felony offenses, as a first offender guilty plea does not constitute a conviction.

  • Wallace v. Wallace et al.

    Publication Date: 2018-05-18
    Practice Area: Business Torts | Corporate Governance
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: James Ford (James Lee Ford P.C.), Atlanta, for appellant.
    for defendant: Andrew Gebhardt (Smith, Welch, Webb & White, LLC), Stockbridge; John Webb (Attorney at Law), Stockbridge, for appellee.

    Case Number: A18A0778

    The trial court erred in determining that appellant was required to sell his stock in a family-owned business at the 1994 value and in applying a minority interest discount to the value of the stock, as the trial court should have valued appellant's shares in 2003 when he breached the shareholders buy-sell agreement by refusing to sell his shares.

  • Wilkerson v. The State

    Publication Date: 2018-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Joseph Key (Miller & Key P.A.), McDonough, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Brittany Fallin (Upson County District Attorney's Office), Thomaston, for appellee.

    Case Number: A18A0035

    Defendant Who Caused Victim to Fall When He Tried to Physically Restrain Her Was Guilty of Aggravated Battery

  • New Cingular Wireless PCS, LLC et al. v. Georgia Department Of Revenue et al.

    Publication Date: 2018-05-11
    Practice Area: Communications and Media | Tax
    Industry: Technology Media and Telecom
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Bryan Anthony Vroon (Law Offices of Bryan A. Vroon LLC), Atlanta; Margaret C. Wilson (Wilson Law Group LLC), Somerville, for appellant.
    for defendant: William Wright Banks Jr., Alex Fredrick Sponseller, Christopher M. Carr, Nancy M. Gallagher (Department of Law), Atlanta, for appellee.

    Case Number: S17G1256

    The Supreme Court partially reversed and partially vacated the Court of Appeals' decision affirming the dismissal of a suit AT&T filed against the Georgia Department of Revenue to challenge the denial of a request for a tax refund.

  • Northlake Manor Condominium Assoc, Inc. v. Harvest Assets, LLC

    Publication Date: 2018-05-09
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Randall Lipshutz (Lipshutz Greenblatt LLC), Tucker, for appellant.
    for defendant: John Ayoub, Carolina Bryant (Ayoub & Mansour LLC), Atlanta, for appellee.

    Case Number: A18A0653

    The trial court erred in denying condo association's claim for unpaid condominium association assessments that had accrued during the pendency of litigation between association and LLC that purchased the tax deed for a condominium in the Association.

  • Ga. Farm Bureau Mutual Insur. Co. v. Claxton et al.

    Publication Date: 2018-05-08
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Leslie Kennerly, John Smith (Young Thagard Hoffman Smith & Lawrence), Valdosta, for appellant.
    for defendant: Mitchell Shook (Attorney at Law), Vidalia; Carl Lowery, Milan, for appellee.

    Case Number: A18A0737

    The Court of Appeals partially affirmed and partially reversed the denial of insurer's motions for summary judgment in a declaratory judgment action arising after a motor vehicle hit a mule-drawn carriage in which insureds were riding.

  • Atlanta Truck Parts, Inc. v. Zenon & Zenon Contractors, Inc.

    Publication Date: 2018-05-08
    Practice Area: Contracts | Damages
    Industry: Automotive | Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Dosier Williams Winfield (Law Offices of Elizabeth Williams Winfield LLC), Peachtree City; Hugh Wood (Wood & Meredith LLP), Atlanta, for appellant.
    for defendant: Vivian Uchitel (Simpson Law Offices LLP), Atlanta, for appellee.

    Case Number: A18A0574

    The Court affirmed the $128,972.90 award to plaintiff in its breach-of-contract action, as the person who signed the contract on defendant's behalf was authorized to do so and there was evidence supporting the amount of the award.

  • Jenifer Duncan et al. v. Olga Rawls et al.

    Publication Date: 2018-05-04
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Michael Foust, Allan Parks, David Walbert (Parks, Chesin & Walbert P.C.), Atlanta, for appellant.
    for defendant: David Balser, John Toro, Letitia McDonald, Julia Barrett (King & Spalding LLP), Atlanta, for appellee.

    Case Number: A17A2052

    Georgia Law Does Not Recognize Probable Cause Exception to Enforcement of No-Contest Provisionss in Trusts

  • City Of Gainesville v. Waldrip et al.

    Publication Date: 2018-05-04
    Practice Area: Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Dana Maine (Freeman Mathis & Gary), Atlanta, for appellant.
    for defendant: Robert Jackson (Robert B. Jackson, IV, LLC), Atlanta; Donald Stack (Stack & Associates, PC.), Atlanta, for appellee.

    Case Number: A17A1946

    City Had No Duty To Abate Flooding From Storm Water Discharge Onto Private Property Adjacent to Plaintiff's Property