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  • Wakefield et al. v. Kiser

    Publication Date: 2024-04-23
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Todd Poole, (Poole Huffman), Tucker, for appellant.
    for defendant: Joshua Mayes, Richard Robbins, Catherine Sullivan, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, for appellee; Garrett Nail, (Portnoy Garner & Nail LLC), Atlanta, for other party.
    Case Number: A23A1705

    Court affirms summary judgment for rescission of contract, but reverses attorney fee award at summary judgment and remands for jury's consideration of fees

  • Brownphil, LLC v. Cudjoe et al.

    Publication Date: 2024-04-23
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Kim Stroup, James Banter, (James Bates Brannan Groover, LLP), Macon, for appellant.
    for defendant: Michael Mayo, (Mayo Hill), Macon, for appellee.
    Case Number: A23A1762

    Court affirms prescriptive ownership in a property dispute, finding that property claimants had possessed disputed property under a claim that was public, continuous, exclusive, and uninterrupted

  • Brantley v. The State

    Publication Date: 2024-04-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Calvin McMullen, (McMullen and Associates), Milledgeville, for appellant.
    for defendant: Tammy Coffey, (District Attorney’s Office Baldwin County), Milledgeville, Tuttle Barksdale, (Ocmulgee Circuit District Attorneys Office), Eatonton, Faith Worley, (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A24A0036

    Court affirms child molestation convictions over defendant's multiple challenges regarding sufficiency and admission of evidence and jury charge errors

  • Mancuso v. Cadles of West Virginia, LLC

    Publication Date: 2024-02-20
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Peter Mancuso, Conyers, for appellant.
    for defendant: Donald Suessmith, (McCurdy & Candler, L.L.C.), Decatur,for appellee.
    Case Number: A23A1379

    Court reverses revival of dormant judgment due to improper service by a private process server, rather than a county sheriff as required by statute

  • Fuller Life Chiropractic Center, P.C. et al. v. Threadgill et al.

    Publication Date: 2023-12-27
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Heather Ware, Courtney Walker, (Hall Booth Smith, PC), Atlanta, Claire Sumner, (Lueder, Larkin & Hunter, LLC), Atlanta, Jason Deere, (Copeland, Stair, Kingma & Lovell, LLP), Atlanta, for appellant.
    for defendant: Alex Dixon, (Alex L. Dixon, P.C.), Lagrange, for appellee.
    Case Number: A23A1225

    Court reverses denial of a motion to dismiss a chiropractic malpractice action, concluding that the action is subject to the five-year medical malpractice statute of repose

  • 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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  • Nix v. Scarbrough

    Publication Date: 2023-12-04
    Practice Area: Dispute Resolution | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: James Metts, (Attorney at Law), Savannah, Kenneth Johnson, (Johnson Kraeuter, LLC), Savannah, for appellant.
    for defendant: Molly Howard, (Howard & Whatley, P.C.), Savannah, Andrew Wilkes, Irving Drought, (Oliver Maner LLP), Savannah, for appellee; Susan Cox, (Susan W. Cox, LLC); Peachtree Corners, for other party.
    Case Number: A23A0790

    Court upholds decision to compel arbitration and an arbitration award in a divorce case despite allegations of breach of an arbitration agreement and contentions of arbitrator bias

  • Temples et al. v. Hitson

    Publication Date: 2023-11-28
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Meredith Lowry, (Lowry Law, LLC), Blue Ridge for appellant.
    for defendant: Larry Mayfield, (Smith, Welch, Webb & White, LLC), Barnesville, for appellee.
    Case Number: A23A1072

    Court reverses dismissal of lawsuit against a defendant who had died after its filing because no suggestion of death had been served on a nonparty representative to enable substitution of a party

  • Doe et al v. Broady et al.

    Publication Date: 2023-11-14
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Lloyd Walker, (Attorney at Law), Peachtree City, for appellant.
    for defendant: Christopher Carr, Stephen Petrany, James Barrett, (Attorney General of Georgia), Atlanta, for appellee.
    Case Number: A23A1607

    Court affirms dismissal of plaintiffs' challenge to constitutionality of the Georgia LIFE act because they were not pregnant and therefore lacked standing to bring their action

  • In re Estate of T. M. N., a Child

    Publication Date: 2023-10-16
    Practice Area: Family Law | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: John Donsbach, (Donsbach Law Group, LLC), Martinez, for appellant.
    for defendant: Carrie Markham, (Rosenzweig, Jones, Horne & Griffis, P.C.), Newnan, Danielle McRae, (Upson Probate Judge), Thomaston, LeAnne Gilbert, (Gaslowitz Frankel LLC), Atlanta, Timothy King, (Hodges, McEachern & King), Peachtree City, for AM.
    Case Number: A23A1581

    Court reverses a probate court order that had restricted a mother, who was also a child's conservator, from using estate income to pay for the child's expenses

  • Alpha Genomix Laboratories, Inc. et al. v. Crandall

    Publication Date: 2023-08-25
    Practice Area: Contracts | Employment Litigation
    Industry: Pharmaceuticals
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: David Hudson, (Hull Barrett, PC), Augusta, for appellant.
    for defendant: Michael Foust, (Parks, Chesin & Walbert P. C.), Atlanta, for appellee.
    Case Number: A23A1096

    Court affirms breach of contract claim by former employee where defendants failed to pay severance, and partially vacates and remands for consideration of other issues