• Scott v. Prestige Financial Services, Inc.

    Publication Date: 2018-05-15
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: William Carlisle (Carlisle Law Firm), Winder, for appellant.
    for defendant: Beth Rogers (Rogers Law Offices), Atlanta, for appellee.

    Case Number: A18A0565

    The trial court erred in finding that the verification procedures set forth in O.C.G.A. § 9-10-112 applied because plaintiff's action was not a suit on an open account but rather a claim for the recovery of a balance due on a repossessed automobile purchased under a sale of goods contract; accordingly, the trial court erred in entering a default judgment based on defendant's failure to verify his responsive pleadings pursuant to § 9-10-112.

  • 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.

  • 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

  • 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.

  • Blanton v. Crump Heating & Air, LLC et al.

    Publication Date: 2018-05-02
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: James Smith (Smith, Hannan and Parker, PC.), Valdosta, for appellant.
    for defendant: George Welborn (Downey, Cleveland, Parker & Williams), Marietta, for appellee.

    Case Number: A17A2005

    Plaintiff Could Not Maintain Action In Superior Court After His Attorney Had Settled Same Claims in Magistrate Court

  • Bourassa v. The State

    Publication Date: 2018-05-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Stephen Reba (Attorney at Law), Atlanta, for appellant.
    for defendant: Emily Richardson (Douglas County District Attorney's Office), Douglasville; Brian Fortner (Douglas County District Attorney), Douglasville; Bonnie Smith (Assistant District Attorney Douglas County Courthouse), Douglasville, for appellee.

    Case Number: A17A1602

    The trial court did not err in holding that defendant did not satisfy his burden of establishing standing to challenge the introduction of telephone calls law enforcement intercepted, as none of the targeted phone numbers belonged to or were associated with defendant and defendant did not offer or point to any testimony or other evidence that established that his voice could be heard in the recordings State sought to introduce.

  • Norfolk Southern Railway Company v. Lewis

    Publication Date: 2018-04-27
    Practice Area: Damages | Evidence | Labor Law
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Laurie Daniel, Matthew Friedlander (Holland & Knight), Atlanta; Walker Stewart (Hall, Bloch, Garland & Meyer, LLP), Macon, for appellant.
    for defendant: John Moss, John Steel (Steel and Moss LLP), Atlanta, for appellee.

    Case Number: A17A2081

    Evidence of Workers' Compensation Claimant's Self-employment Activity was Relevant to Issues of Lost Wages, Earning Capacity, and Pain and Suffering

  • 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

  • Hughes v. The State

    Publication Date: 2018-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Juwayn Haddad (Haddad Law Group), Tucker, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Lee Tittsworth (Gwinnett Circuit District Attorney's Office), Lawrenceville, for appellee.

    Case Number: A17A1413

    Defense Counsel Offered Sound Tactical Reasons for Not Having Called Upon Defendant's Mother as Alibi Witness

  • Access Management Group, L.P. v. Hanham et al.

    Publication Date: 2018-04-24
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Lervette Blair, Ian Rapaport (Law Office of Ian R. Rapaport), Atlanta, for appellant.
    for defendant: James Teague (Attorney at Law), Cumming; Keisha Martin Chambless (Teague & Chambless), Cumming, for appellee. Kathryn Whitlock (Hawkins Parnell Thackston & Young LLP), Atlanta, for other party.

    Case Number: A17A1752

    Property Owner Stated Negligence Claim Against Management Agent For Damage Caused by Landscaping on Adjacent Property