• Duncan et al. v. Rawls et al.

    Publication Date: 2021-07-05
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    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: A21A0258

    Court affirms that a trust's in terrorem clause applied to the trust beneficiaries' claim for tortious interference and that they had no claim for breach of fiduciary duty

  • Emory Healthcare, Inc. et al. v. Farrell

    Publication Date: 2021-06-28
    Practice Area: Dispute Resolution | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Robert Stannard, (Attorney at Law), Atlanta, Alan Payne, (Bendin Sumrall & Ladner, LLC), Atlanta, Stephen Sparwath, Kyle Sparwath, (Owen Gleaton Egan Jones & Sweeney LLP), Atlanta, Anna Fretwell, (Huff, Powell & Bailey, LLC), Atlanta, Kristin Malcolm, (Insley & Race, LLC), Atlanta, for appellant.
    for defendant: Kenneth Sissel, (Attorney at Law), Lilburn, for appellee. Kurt Kastorf, (Kastorf Law), Atlanta, or AM.

    Case Number: A21A0173

    Court affirms denial of motion to compel arbitration in a medical malpractice case where provider relied on a previously-executed arbitration agreement

  • Murrell v. The State

    Publication Date: 2021-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Sean Lowe, (Assistant Public Defender), Ringgold, for appellant.
    for defendant: Leigh Patterson, (District Attorney), Rome, for appellee.

    Case Number: A21A0495

    Trial Court Lacked Jurisdiction to Issue Order on State's Motion to 'Clarify Terms of Sentence'; Court's Actions Unlawfully Increased Defendant's Sentence

  • Alvarez-Maldonado v. The State

    Publication Date: 2021-06-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Lawrenceville, for appellant.
    for defendant: Patsy Austin-Gatson, Daniel Porter, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, Brandon Delfunt, (Attorney at Law), Lawrenceville, for appellee.

    Case Number: A21A0463

    Evidence Was Sufficient to Support Jury Finding That Defendant Was in Constructive Possession of Methamphetamine

  • Nobles v. Bonney

    Publication Date: 2021-06-16
    Practice Area: Civil Procedure | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: John Milam, (Attorney at Law), Buford, for appellant.
    for defendant: Alina Krivitsky, (Worsham Corsi Scott & Dobur), Marietta, Z'a Williams, (The Law Office of Nancy W. Phillips), Atlanta, Dane Uhelski, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for appellee.

    Case Number: A21A0243

    Court reverses trial court order and remands case for entry of a dismissal without prejudice rather than with prejudice where plaintiff failed to file a prior substitution

  • Caruthers et al. v. City of Rochelle, Georgia

    Publication Date: 2021-06-15
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: James Ford, (James Lee Ford, P.C.), Atlanta, Mitchell McGough, (Mitchel E. McGough Law LLC), Atlanta, for appellant.
    for defendant: Sara Brochstein, Dana Maine, Kevin Stone, (Freeman Mathis & Gary, LLP), Atlanta, for appellee.

    Case Number: A21A0038

    Court affirmed jury verdict for City in a negligence and nuisance case where a decedent fell into a hole dug by City employees on private property

  • Belliveau et al. v. Floyd

    Publication Date: 2021-06-11
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Michael Manely, (The Manely Firm, P.C.), Marietta, David Purvis, (The Manely Firm, P.C.), Savannah, for appellant.
    for defendant: Judson Smith, Jennifer Brownell, (Smith Law Group, P.C.), Vidalia, for appellee.

    Case Number: A21A0505

    Trial Court Erred in Granting Biological Father's Legitimation Petition Without First Holding Evidentiary Hearing

  • Smith v. Tibbits, Executor et al.

    Publication Date: 2021-05-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Donald Defoor, (Don F. Defor, P.C.), Douglasville, for appellant.
    for defendant: Robert Carlson, Harry MacDougald, Christine Buckler, (Caldwell, Carlson, Elliott & DeLoach, LLP), Atlanta, for appellee.

    Case Number: A20A1987

    Court reverses summary judgment in favor of an estate executor when genuine issue of material fact existed as to whether certain real and other property had been transferred

  • Robertson v. The State

    Publication Date: 2021-05-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Karen Brouse, (Brouse Law), Blue Ridge, for appellant.
    for defendant: Lee Darragh, Wanda Vance, (Assistant District Attorney Northeastern Judicial Circuit), Gainesville, for appellee.

    Case Number: A21A0334

    Trial Court Did Not Err in Excluding Defendant From Bench Conferences or in Denying Motion for a Mistrial When Social Worker Allegedly Bolstered Victim's Credibility

  • Maddox v. The State

    Publication Date: 2021-05-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Samantha Trippedo, (Attorney at Law), Norcross, for appellant.
    for defendant: Layla Zon, (District Attorney), Covington, Randal McGinley, (Newton County District Attorney's Office), Covington, Kristen Roddenbery, (Alcovy Judicial Circuit), Monroe, for appellee.

    Case Number: A21A0120

    Court affirms convictions over challenges to evidence seized at crime scene because defendant's guilty plea waived any error in the trial court's denial of a motion to suppress

  • UHS of Anchor, L.P. d/b/a Southern Crescent Behavioral Health System v. Georgia Department of Community Health et al.

    Publication Date: 2021-04-26
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Robert Threlkeld, (Morris Manning & Martin, LLP), Atlanta, Anthony Cestaro, Decatur, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Marial Ellis, Roxana Tatman, Rachel King, (Dept. of Community Health), Atlanta, Daniel Walsh, (Department of Law, State of Georgia), Atlanta, Forrest Pearce, (Pearce, LLC), Atlanta, Christopher Anulewicz, Austin Alexander, (Balch & Bingham LLP), Atlanta, for appellee.

    Case Number: A19A0425

    Court vacates its original opinion and adopts Supreme Court opinion addressing the Department of Health's authority to require a Certificate of Need for a hospital expansion