• Endsley v. Geotechnical Env't Consultants Inc.

    Publication Date: 2016-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Lester Dozier Dozier Law Firm LLC, and Charles Cork, Macon, for appellant.
    for defendant: Holly Portier Hamilton Westby Antonowich Anderson, Atlanta, and William Cowsert Cowsert Avery, Athens, for appellees.

    Case Number: A16A1003

    Because the jury found defendants not liable and never reached the issue of damages, the trial court's errors in not bifurcating the personal injury trial after allowing insurer to intervene in the

  • In Re: Clay Whittle

    Publication Date: 2016-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: David Hudson and William Keogh Hull Barrett PC, Augusta, for appellant.
    for defendant: Thomas McCants Public Defender's Office, Augusta, and John Kraft, Wamego, KS, for appellee. Other party representation: Rebecca A. Wright, District Attorney, Augusta.

    Case Number: A16A1371

    The trial court did not abuse its discretion in denying sheriff's motion to quash a subpoena filed by probationer to obtain the sheriff's department's investigative file for charges upon which State

  • Lucas v. Beckman Coulter Inc.

    Publication Date: 2016-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Dustin Brown and Peter Daughtery Daughtery, Crawford Brown LLP, Columbus, for appellant.
    for defendant: Kurtis Powell, Robert Dumbacher Hunton Williams, Atlanta, Clayton Adams, and Jeffrey Brown Brown Adams LLC, Columbus, for appellees.

    Case Number: A16A0772

    Employer was immune from firearm-related tort liability under O.C.G.A. § 16-11-135 subsection e 2, and the trial court properly granted its motion for summary judgment in plaintiff's suit arising af

  • In the Interest of D. M B. A. M.

    Publication Date: 2016-11-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Andrew Pope, Thomasville, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Calandra Harps, Assistant Attorney General, Atlanta, and Robert Jewell, Special Assistant Attorney General, Moultrie, for appellee. Other party representation: David Herndon and Mickey Waller, Moultrie.

    Case Number: A16A1295

    The juvenile court failed to provide the requisite findings of fact in its order terminating mother's parental rights to her two minor

  • In the Interest of J. F.

    Publication Date: 2016-08-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: G. Richard Stepp, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Nhan-Ai Du Simms, and Pareesa H. Amjadi District Attorney's Office, Lawrenceville, for appellee.

    Case Number: A16A0395

    The Court exercised its authority under Article VI, Section V, Paragraph IV of the Georgia Constitution and certified the following question to the Georgia Supreme Court: Does O.C.G.A.

  • 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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  • Summerour v. City of Marietta

    Publication Date: 2016-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Donald Evans and Thomas Camp Evans Rhodes LLC, Cartersville, for appellant.
    for defendant: Daniel White and Douglas Haynie Haynie, Litchfield, Crane White, Marietta, for appellee.

    Case Number: A16A0640

    The trial court should have dismissed the condemnation petition, because the City failed to provide a summary of the basis for its just-compensation offer in violation of O.C.G.A. § 22-1-9 subsect

  • Kemp v. Kemp

    Publication Date: 2016-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: William Erwin Powell Erwin PC, Camilla, for appellant.
    for defendant: Scott Anderson, John Kennedy, and Jeffrey Rutledge James Bates Brannan Groover LLP, Macon, for appellees. Other party representation: Robert Shannon Hall Booth Smith Slover PC, Atlanta, Thomas Kirbo The Kirbo Law Firm, Moultrie, and Robert Wilmot McCall Phillips Williams Powell LLC, Tifton.

    Case Number: A16A0158

    The trial court erred in entering an interim award of attorney fees for the plaintiff under O.C.G.A. § 53-12-302 before his breach of trust claim had been res

  • Old Republic Nat'l Title Ins. Co. v. RM Kids LLC

    Publication Date: 2016-08-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: John Autry, Edward Burch, Edward Wasmuth Smith, Gambrell Russell, Atlanta, and William Brown Heyman Sizemore LLC, Marietta, for Old Republic. Sherri Buda, Bryan Knight Knight Johnson LLC, John Amabile, Leah Sears, and Nicholas McDaniel, Schiff Hardin LLP, Atlanta, for RM Kids. Amicus Curiae: Monica Gilroy and Tania Trumble Dickenson Gilroy LLC, Alpharetta.
    for defendant:

    Case Number: A16A0257; A16A0258

    In the absence of specific policy language, a title insurer's liability to a mortgagee should be measured using the foreclosure date, since the foreclosure is when the insured actually incurred a co

  • Montgomery Cnty., GA v. Hamilton

    Publication Date: 2016-08-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Michael O'Quinn, Jacob O'Neal O'Quinn Cronin LLC, McDonough, and Howard Kaufold, Vidalia, for appellant.
    for defendant: James Roberts Roberts Tate LLC, St. Simons Island, and Thomas Peterson, Vidalia, for appellee.

    Case Number: A16A0541

    The trial court erred in ruling that the county's use of Insurance Premium Tax proceeds to pay the operating costs of certain convenience centers for the purpose of collect

  • Stone Mountain Mem'l Ass'n v. Amestoy

    Publication Date: 2016-08-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Kathleen Pacious, Deputy Attorney General, Loretta Pinkston, Senior Assistant Attorney General, Kirsten Daughdril, and Kristine Hayter Attorney General's Office, Atlanta, for appellant.
    for defendant: William Parker Montlick Associates, Atlanta, for appellee.

    Case Number: A16A0056

    In the plaintiff's premises liability and wrongful death action following her husband's death in a bicycling accident at a park, the Court found that the park was immune from liability under the Rec