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  • Blackmon et al. v. Pena

    Publication Date: 2018-04-18
    Practice Area: Contractual Disputes
    Industry: Construction | Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Walker Chandler (Office of the Public Defender), Peachtree City, for appellant.
    for defendant: C. Melton (Haygood, Lynch, Harris & Melton & Watson), Forsyth, for appellee.
    Case Number: A17A1500

    Evidence Supported Finding That Contractor Failed to Complete Bargained-For Restaurant Improvements

  • Booth v. The State

    Publication Date: 2018-03-30
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Cara Clark (GPDC Appellate Division), Atlanta, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Marie Broder (Spalding County District Attorney's Office), Elizabeth Kendrick (Griffin Circuit Superior Court), Griffin, for appellee.
    Case Number: A18A0730

    Prosecution Did Not Have To Explain Delay Between Issuance of Wiretap Orders and Sealing of Wiretap Recordings

  • Austin v. Nagareddy et al.

    Publication Date: 2018-03-20
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Richard Mitchell, Zack Greenamyre (Mitchell & Shapiro LLP), Atlanta, for appellant.
    for defendant: Michael Bailey, Julye Johns, Emaly Arndt (Huff, Powell & Bailey, LLC), Atlanta, for appellee.
    Case Number: A18A0126

    The Court vacated the trial court's order granting defendants' motion to stay a civil action against them until the conclusion of a trial in a criminal case in which one defendant had been indicted for parallel allegations and remanded for further proceedings, because the trial court's exercise of discretion was based upon an erroneous view of the law.

  • Everson v. Dekalb County School District et al.

    Publication Date: 2018-03-02
    Practice Area: Employment Litigation | Government
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Louise Hornsby (The Hornsby Law Firm, LLC), Atlanta, for appellant.
    for defendant: Josie Alexander (Alexander & Associates), Atlanta; Marquetta Bryan (Nelson Mullins Riley & Scarborough LLP), Atlanta; Bernard Taylor, Kelly Etchells (Alston & Bird LLP), Atlanta, for appellee.
    Case Number: A17A1430

    The trial court properly dismissed plaintiff's claims against his former employer, a school district, and the district's former superintendent in his official capacity but erred in dismissing the claims against the former superintendent in his personal capacity arising out of plaintiff's termination following his alleged report of illegal activities at the school.

  • Natasha Blakemore As Mother Of Natroya Hulbert v. Dirt Movers, Inc. et al.

    Publication Date: 2018-01-22
    Practice Area: Civil Procedure | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Scott Stevens (Greene & Cooper, LLP), Roswell, for appellant.
    for defendant: Brent Estes, Grant Smith (Dennis, Corry, Porter & Smith, LLP), Atlanta, for appellee.
    Case Number: A17A1540

    The plain language of O.C.G.A. § 14-2-510 (b) (4) limits a defendant corporations right of removal to cases in which venue is based only upon that specific paragraph; accordingly, the trial court erred in allowing a domestic motor carrier corporation to remove a wrongful death action against it to the county where its principal place of business was located, because venue against defendant was also proper in the county where the tort occurred under O.C.G.A. § 40-1-117 (b), the Georgia Motor Carrier Act.

  • 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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  • Ortho Sport & Spine Physicians Savannah, LLC v. Chappuis et al.

    Publication Date: 2017-12-15
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Yasha Heidari, Yenniffer Delgado (Heidari Power Law Group LLC), Atlanta, for appellant.
    for defendant: Scott Bonder, Joseph White, Matthew Kahn (Fried & Bonder LLC), Atlanta; Richard Sanders, Jeffrey Mustari (The Sanders Law Firm P.C.), Atlanta, for appellee.
    Case Number: A17A1408

    The Court of Appeals partially reversed the trial court's orders granting defendants' motion to strike portions of plaintiffs complaint and motion to dismiss one defendant because it was not clear that the matters sought to be stricken could have no possible bearing upon the subject matter of the litigation.

  • Mathis v. The State

    Publication Date: 2017-11-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Kevin Anderson (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Leigh Patterson (District Attorney), Rome; Luke Martin (Floyd County District Attorney), Rome, for appellee.
    Case Number: A17A0858

    Although the trial court's jury charge did not constitute reversible error, the trial court did not err in failing to merge certain of defendant's convictions on a 52-count indictment.

  • Interfinancial Midtown, Inc. et al. v. Choate Construction Company

    Publication Date: 2017-11-14
    Practice Area: Bankruptcy | Contracts
    Industry:
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Andrew Lavoie (Schreeder, Wheeler & Flint, LLP), Atlanta, for appellant.
    for defendant: Kevin Hudson, Zachary Hall (Hudson Parrott Walker, LLC), Atlanta; Michael Baumrind, Frank Lowrey (Bondurant, Mixson & Elmore LLP), Atlanta, for appellee.
    Case Number: A17A1160

    In a case of first impression, the Court held that Georgia law allowing the recovery of general and punitive damages for fraudulent conveyances survived the enactment of Georgias Uniform Fraudulent Transfers Act.

  • Demere Marsh Associates, LLC et al. v. Boatright Roofing and General Contracting, Inc. et al.

    Publication Date: 2017-11-14
    Practice Area: Contracts
    Industry:
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Todd Brooks (Catts & Brooks), Brunswick; James Cook (Goodman McGuffey LLP), Atlanta, Myles Levelle, Brian Moore, Jeffrey Ward (Drew Eckl & Farnham LLP), Atlanta; Kim Jackson, David Harris (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, for appellant.
    for defendant: Neal Conner (Conner and Jackson, P.C.), Waycross; Jennifer Noland (Smith Moore Leatherwood LLP), Atlanta; Erin Conner (Conner & Jackson, PC.), Waycross; C. Strickland, Robert Wedge (Attorney at Law), Waycross, for appellee. Matthew Eutzler (Moore Clarke Duvall & Rodgers), Valdosta; Charles Willcox (Moore Clarke Duvall & Rodgers), Albany; Gregory Carter (Brown, Readdick, Bumgartner, Carter, Strickland), Brunswick; Brian Crevasse (St. Johns Law Group), St. Augustine; Mark Pionessa, Henry Bachara (Bachara Construction Law Group, P. A.), Jacksonville; CK Construction, Brunswick; R. Patrick, Walter Adams (Attorney at Law), Brunswick, for other party.
    Case Number: A17A1237

    The Court partially reversed the trial court's judgment in a suit alleging negligent construction, misrepresentation and breach of contract involving condominiums in St. Simons Island, Georgia.

  • Shoenthal et al. v. Dekalb County Employees Retirement System Pension Board et al

    Publication Date: 2017-10-26
    Practice Area: Attorney Compensation
    Industry:
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Christopher Anulewicz, Brooke Gram (Balch & Bingham LLP), Atlanta, for appellant.
    for defendant: Barry Zimmerman (Zimmerman & Associates), Norcross; Richard Gignilliat, Stanford Wilson, Sydney Hu (Elarbee Thompson Sapp & Wilson LLP), Atlanta; Richard Escoffery (ACS Group), Duluth, for appellee.
    Case Number: A17A1065

    The trial court erred in awarding attorney fees to defendant under O.C.G.A. 9-15-14 because plaintiffs' claims regarding the distribution of their late father's pension benefits were not frivolous, plaintiffs did not lack substantial justification for bringing their claims and those claims did not suffer from a complete absence of any justiciable issue of law or fact.