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  • Holt et al. v. Glenwood Operating Company, LLC

    Publication Date: 2024-04-25
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Brian Parker, (The Parker Firm, LLC.), Alpharetta, Irwin Ellerin, (Ellerin Law Firm), Atlanta, Stephen McElwee, (Wells & McElwee), Athens, for appellant.
    for defendant: Craig Brookes, Brian Mathis, (Huff Powell Bailey, LLC), Atlanta, Karen Smiley, (Hanks Brookes LLC), Atlanta, for appellee.
    Case Number: A23A1435

    Court affirms summary judgment in favor of a nursing facility on appellants' claims for ordinary negligence and professional negligence

  • State v. De La Paz

    Publication Date: 2024-04-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Carlton Hayes, David McElyea, (Cherokee County Solicitor-General’s Office), Canton, for appellant.
    for defendant: Jeffery Dickerson, (Attorney at Law), Kennesaw, for appellee.
    Case Number: A23A1769

    Court affirms suppression of drug test results because an underlying warrant was specifically limited to alcohol testing with no mention of testing for drugs

  • McGhee v. Publix Super Markets, Inc.

    Publication Date: 2024-04-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Alexander Repasky, (Attorney At Law), Marietta, for appellant.
    for defendant: Robert Marcovitch, (Sinton Scott Minock & Kerew), Atlanta, Stephen Sparwath, (Bendin, Sumrall & Ladner, LLC), Atlanta, for appellee; Akins Doherty, (The Doherty Law Firm), Atlanta, for other party.
    Case Number: A23A1291

    Court affirms dismissal or professional malpractice claim against dispensing pharmacy for failure to include an expert affidavit, but reverses dismissal against supervising physician

  • Bell et al. v. Cross

    Publication Date: 2024-03-28
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Samuel Alderman, (Attorney At Law), Macon, for appellant.
    for defendant: Dana Davis, (Tucker Davis Law LLC), East Point, for appellee.
    Case Number: A23A1772

    Court reverses summary judgment order for specific performance in lease-option dispute and remands for further proceedings, citing ambiguities and potential waiver of variances in acceptance

  • Stinson v. The State

    Publication Date: 2024-03-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Kelsey Wiley, (Wiley Defense, P.C.), Cumming, for appellant.
    for defendant: Penny Penn, (GA Bell-Forsyth Judicial Circuit), Cumming, Courtney Moore, (Forsyth County District Attorney's Office), Cumming, for appellee.
    Case Number: A23A1320

    Court affirms conviction for attempted child molestation ove defendant's claims of erroneous denial of a general; demurrer to an improper indictment and improper admission of a confession

  • 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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  • Oladunni v. The State

    Publication Date: 2024-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Ibrahim Oladunni, (Hancock State Prison), Sparta, for appellant.
    for defendant: Elaine Thompson, Fani Willis, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: A23A1679

    Court affirms denial of defendant's motion to withdraw a guilty plea and in arrest of judgment, but remands for correction of a sentencing error in an incident involving firearms

  • Heaton Erecting, Inc. et al. v. Gierum

    Publication Date: 2024-03-13
    Practice Area: Attorney Compensation
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Richard Watts, G. Hoffman, (Swift Currie McGhee & Hiers LLP), Atlanta, for appellant.
    for defendant: David Moskowitz, (Law Office of David H. Moskowitz), Atlanta, Rebecca Halberg, (Stottlemyer & Associates), Atlanta, for appellee; Amy Urban, (Georgia State Board of Workers’ Compensation), Atlanta, for other party; Alex Wallach, (George & Wallach, LLLP), Forest Park Kyle Smith, (Evans Warncke Robinson, LLC), Atlanta, for AM.
    Case Number: A23A1588

    Court affirms Workers' Compensation Award in a case where injured worker also received income from concurrent dissimilar employment

  • Ford v. State

    Publication Date: 2024-02-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A23A1422

    Court affirms burglary convictions over defendant's contentions that trial court erred by denying his motion to sever charges and challenge to sufficiency of the evidence

  • Xfinity Mobile et al. v. Risher

    Publication Date: 2024-02-14
    Practice Area: Civil Appeals
    Industry: Technology Media and Telecom
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Heather Sharp, Joseph Wargo, Taylor Pernini, (Wargo, French & Singer LLP), Atlanta, for appellant.
    for defendant: Walter Adams, (Attorney at Law), Brunswick, for appellee.
    Case Number: A23A1544

    Court reverses denial of motion for new trial in a dispute over service fees due to superior court's failure to conduct a mandatory hearing on the motion

  • Bray v. Watkins

    Publication Date: 2024-02-01
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Richard Hendrix, Warren Lietz, (Finch McCranie), Atlanta, for appellant.
    for defendant: Jason Waymire, Terry Williams, (Attorney at Law), Buford, for appellee.
    Case Number: A22A1469

    On remand from the Georgia Supreme Court, the court vacated its previous opinion and remanded further for reconsideration of sovereign immunity in a lawsuit against a county sheriff