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  • Georgia Appreciation Property, Inc. v. Enclave At Riverwalk Townhome Association, Inc.

    Publication Date: 2018-05-07
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Carol Clark (Carol Clark Law), Atlanta; Randall Lipshutz (Lipshutz Greenblatt LLC), Tucker, for appellant.
    for defendant: Leslie Eason, Lauren Bellamy (Gordon & Rees LLP), Atlanta; Jacob Davis (Lazega Johanson LLC), Atlanta, for appellee.
    Case Number: A17A2097

    Homeowner's Challenge to Amendments to Owners' Association Documents Was Derivative In Nature

  • 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

  • Cancel et al. v. The Medical Center Of Central Georgia, Inc. et al.

    Publication Date: 2018-05-02
    Practice Area: Business Torts | Civil Appeals | Contracts
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: George McGriff, Eric Wyatt (George W. McGriff & Associates), Roswell, for appellant.
    for defendant: Ranse Partin (Conley Griggs Partin LLP), Atlanta; W. Persons (King & Spalding), Atlanta; Alfred Adams, Cynthia Burnside (Holland & Knight LLP), Atlanta, for appellee.
    Case Number: A17A1708

    The Court of Appeals affirmed the trial court's ruling that hospital defendants were immune from plaintiffs' breach of fiduciary duty and fraud claims and the denial of plaintiffs' motion to supplement the record on appeal.

  • Crop Production Services, Inc v. T. E. Moye

    Publication Date: 2018-05-02
    Practice Area: Contractual Disputes | Creditors' and Debtors' Rights
    Industry: Agriculture
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Roger Hatcher (Smith, Gilliam, Williams & Miles, P.A.), Gainesville; Michael Strickland (Moore, Tyndall, Castellow & Strickland, LLP), Moultrie, for appellant.
    for defendant: Robert Howell (Attorney at Law), Moultrie; Donald Sweat (Gardner, Willis, Sweat & Handelman, LLP), Albany; Deena Plaire (Gardner Willis Sweat Plaire & Pickett), Albany, for appellee.
    Case Number: A17A1775

    Statute of Frauds Did Not Bar Evidence of Mutual Oral Agreement to Rescind Written Promise to Guarantee Loans

  • The State v. Andre Plaines

    Publication Date: 2018-04-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Margaret Heap (District Attorney), Savannah; Kristjan Whiteway (Office of the District Attorney Eastern Judicial District), Savannah, for appellant.
    for defendant: Amy Ihrig (Public Defenders Office EJC), Savannah, for appellee.
    Case Number: A17A1433

    The trial court abused its discretion in denying State's motion of its intention to introduce other-act evidence in defendant's trial, as the trial court erred in finding that the other-acts evidence was not relevant under O.C.G.A. § 24-4-404 (b).

  • 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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  • McKie v. The State

    Publication Date: 2018-04-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Gerard Kleinrock (Attorney at Law), Decatur, for appellant.
    for defendant: Sherry Boston (DeKalb County District Attorney), Decatur; Deborah Wellborn (Assistant District Attorney), Decatur, for appellee.
    Case Number: A17A1443

    Trial Counsel's Unequivocal Admission During Closing Argument Establised Defendant Had Prior Felony Conviction

  • Nissan North America, Inc. v. Walker-Jones Nissan, LLC

    Publication Date: 2018-04-19
    Practice Area: Contracts
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Tracy Brown (Attorney at Law), Jesup; Samuel Hutto, Christopher Genovese (Nelson Mullins Riley & Scarborough LLP), Columbia, for appellant.
    for defendant: David Conner, Robert Kutchey (The Conner Law Group, PC.), Savannah; Daniel Snipes (Taulbee, Rushing, Snipes, Marsh & Hodgin, LLC), Statesboro, for appellee. Ronald Thomas (Thomas & Settle), Waycross; Graham Floyd (Attorney at Law), Baxley, for other party.
    Case Number: A17A2018

    The trial court erred in granting an interlocutory injunction in connection with a proposed sale of a car dealership, as the trial court erred in finding that petitioner was likely to succeed on the merits of its claims and that petitioner would suffer irreparable injury absent injunctive relief.

  • The State v. Orr

    Publication Date: 2018-04-18
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Emily Johnson (District Attorney's Office Rome Judicial Circuit), Rome; Leigh Patterson (District Attorney), Rome; Luke Martin (Floyd County District Attorney), Rome, for appellant.
    for defendant: Benjamin Pierman (McCurdy & Candler LLC), Decatur, for appellee.
    Case Number: A17A2096

    The trial court did not err in granting defendant's motion for new trial following his convictions for family violence battery and cruelty to children in the third degree because the prosecutor impermissibly commented on defendant's pre-arrest silence in her closing argument and the error was not harmless.

  • Tanner Medical Center, Inc. d/b/a Tanner Medical Center - Villa Rica et al. v. Vest Newnan, LLC d/b/a Newnan Behavioral Hospital et al.

    Publication Date: 2018-04-17
    Practice Area: Attorney Rates and Arrangements | Civil Procedure | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Kathlynn Polvino (KBP Law PC.), Atlanta; Robert Rozier (Baker & Hostetler LLP), Atlanta; Lawrence Myers, Lawrence Myers (Attorney at Law), Atlanta, for appellant.
    for defendant: John Hood (Wellstar Health System Inc.), Marietta; Jason Bring, Marc Peterzell (Arnall, Golden, Gregory), Atlanta, for appellee. Georgia Department of Community Health (Office of General Counsel), Atlanta; Christopher Carr (Attorney General), Atlanta, Daniel Walsh (Department of Law, State of Georgia), Atlanta, for other party.
    Case Number: A17A2125

    The trial court erred in denying appellants' motion for attorney fees in a certificate-of-need case, as they were the "prevailing parties" and entitled to fees under O.C.G.A. § 31-6-44.1 (c).

  • Eden v. Eden et al.

    Publication Date: 2018-04-16
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Kenneth Lewis, Teresa DiPonzio (Lewis & Murphy, LLP), Winder, for appellant.
    for defendant: Christopher Willis (Attorney at Law), Cumming, for appellee.
    Case Number: A17A1401

    Parties' Unilateral Transfer of Real Property to Opposing Party in Fee Simple Did Not Release Them From Their Financial Obligations