• 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

  • Moore v. Hullander

    Publication Date: 2018-05-21
    Practice Area: Attorney Rates and Arrangements | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: John Niedrach (Attorney at Law), Rome, for appellant.
    for defendant: Anthony Perrotta (Attorney at Law), Cartersville, for appellee.

    Case Number: A18A0592

    The Court vacated the award of attorney fees to wife in a dispute with her ex-husband over child custody and child support and remanded the case for the trial court to reconsider whether attorney fees should be granted and, if so, to enter a judgment containing sufficient findings of fact and conclusions of law to support such an award.

  • Soto v. The State

    Publication Date: 2018-05-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: James Waring Gibert (El Gallo Legal), Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Matthew Min-soo Youn, Christopher M. Carr (Department of Law), Atlanta; John Richard Edwards, D. Victor Reynolds, Michael Scott Carlson (Cobb County District Attorney's Office), Marietta, for appellee.

    Case Number: S18A0346

    Record Supported Trial Court's Refusal to Charge Aggravated Assault as Lesser Offenses of Reckless Conduct or Terrorist Act

  • 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.

  • Cartersville City Schools et al. v. Johnson

    Publication Date: 2018-05-03
    Practice Area: Administrative Law | Civil Appeals | Occupational Safety and Health
    Industry: Education | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Adam Grafton (Bovis, Kyle & Burch, LLC), Atlanta; Joshua Saunders (Bovis Kyle Burch & Medlin), for appellant.
    for defendant: S. Tate (Akin & Tate), Cartersville, for appellee.

    Case Number: A17A1469

    The superior court was authorized to set aside the State Board of Workers Compensation Appellate Division's decision, thus reinstating the award of benefits to the claimant, because the Appellate Division misconstrued the legal framework for determining whether an injury arose out of employment and therefore rendered a decision contrary to law.

  • DIP Lending I, LLC v. Cleveland Avenue Properties, LLC

    Publication Date: 2018-04-26
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Jimmy Luke (Martin Bagwell Luke, P.C.), Atlanta, for appellant.
    for defendant: James Fletcher (Fletcher Law Firm LLC), Atlanta, for appellee.

    Case Number: A17A1410

    Addressing Foreclosure Notice to Third-Party Name At Proper Address Did Not Satisfy Statutory Notice Requirements

  • Cooper Tire & Rubber Company v. Koch et al.

    Publication Date: 2018-04-25
    Practice Area: Civil Procedure | Evidence | Products Liability
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Laurie Webb Daniel (Holland & Knight LLP), Atlanta; Reed Thomas Warburton, (Bradley Arant Boult Cummings LLP), Birmingham; George R. Neuhauser (Nall & Miller LLP), Atlanta; Scott Burnett Smith (Bradley Arant Boult Cummings LLP), Huntsville, for appellant.
    for defendant: Katherine Lee McArthur, Caleb Frank Walker, Laura K. Hinson Penn (Katherine L. McArthur LLC), Macon; Tracey Lynn Dellacona (Dellaconna Law Firm), Macon, for appellee. Ashby K. Fox, Louis G. Fiorilla (Burr & Forman LLP), Atlanta; Forrest S. Latta (Burr & Forman LLP), Mobile; Brian David Boone (Alston & Bird LLP), Charlotte; Leonard Searcy II (Shook, Hardy & Bacon, L.L.P.), Kansas City; Philip S. Goldberg (Shook, Hardy & Bacon, LLP), Washington, for amicus appellant. Stephen Christopher Collier (Hawkins & Parnell, LLP), Atlanta; Michael Atkinson Arndt (Hawkins Parnell Thackston & Young, LLP), Atlanta; George Lee Welborn (Downey, Cleveland, Parker & Williams), Marietta, for other party.

    Case Number: S17G0654

    The trial court did not abuse its discretion in denying defendant's motion to dismiss, or alternatively, to bar certain evidence as a sanction for spoliation of evidence, as the record supported the trial court's conclusion that litigation was not reasonably foreseeable when plaintiff destroyed the evidence.

  • Mercer University v. Stofer et al.

    Publication Date: 2018-04-24
    Practice Area: Personal Injury | Premises Liability | Wrongful Death
    Industry: Education | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Brian Trulock, Alan Payne (Bendin Sumrall & Ladner LLC), Atlanta, for appellant.
    for defendant: Ranse Partin, Davis Popper (Conley Griggs Partin LLP), Atlanta, for appellee.

    Case Number: A17A1515

    Triable Issues Of Fact As To Whether University Was Liable For Slip-And-Fall At Sponsored Event

  • Amguard Insurance Company v. Kerkela

    Publication Date: 2018-04-23
    Practice Area: Administrative Law | Civil Procedure | Labor Law
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Alfred Quillian (Scrudder, Bass, Quillian, Horlock, Taylor & Lazar), Atlanta, for appellant.
    for defendant: Ronald Conner (Morgan & Morgan PA), Atlanta, for appellee. Jorge Flores (The Law Office of Jorge Luis Flores, LLC), Conyers; Patricia Taylor (State Board of Workers' Compensation), Atlanta, for other party.

    Case Number: A17A1498

    Trial Court Erred in Reinterpreting Factual Findings of Workers' Compensation Board

  • Group Resources, Inc. v. City Of Waycross et al.

    Publication Date: 2018-04-20
    Practice Area: Contractual Disputes
    Industry: Consulting | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Eric Nathan (Attorney at Law), Atlanta; Devin Phillips (Weener & Nathan LLP), Atlanta, for appellant.
    for defendant: Charles Dorminy, William Mann (Hall Booth Smith, P.C.), Brunswick, for appellee.

    Case Number: A17A1699

    Group Resources, Inc. v. City of Waycross