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  • Georgia Pacific Consumer Products, LP v. Ratner, et al.

    Publication Date: 2018-04-18
    Practice Area: Environmental Law | Real Estate
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: David Hudson (Hull Barrett, PC), Augusta; Edward Hughes (Callaway, Braun, Riddle & Hughes, PC), Savannah; Quentin Marlin, Ryburn Ratterree, Philip Thompson (Ellis Painter Ratterree & Adams LLP), Savannah, for appellant.
    for defendant: John Bell (Bell & Brigham), Augusta; Timothy Roberts, Benjamin Perkins (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A17A1969

    In plaintiffs' suit alleging that a paper mill damaged their property and interfered with the use and enjoyment of their property, the Court reversed the denial of the mill's motion for summary judgment on plaintiffs' claim for nuisance, as the mill was immune from nuisance liability under Georgia's right to farm statute, and found that the mill was entitled to summary judgment on plaintiffs' claims for negligence, trespass, and all derivative claims.

  • Hazelwood v. Auto-Owners Insurance Company

    Publication Date: 2018-04-17
    Practice Area: Insurance Law
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Mark Webb (Brinson, Askew, Berry, Seigler et al), Rome, for appellant.
    for defendant: Michael Kendall, Maureen Murphy, Ellen Abt (Kendall Law Group, LLC), Douglasville, for appellee. Savannah Bray (Downey & Cleveland, LLP), Marietta, for other party.
    Case Number: A17A1596

    No Underinsured Motorist Coverage Where Claimant Was Injured by Vehicle Furnished for His Regular Use

  • Employees Retirement System Of Georgia v. Pendergrass

    Publication Date: 2018-04-13
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: William Banks (Deputy Attorney General), Atlanta; Christopher Carr (Attorney General), Atlanta; Marion Stokes, Jordan Chrietzberg (Stokes Carmichael & Ernst LLP), Atlanta, for appellant.
    for defendant: Susan Pendergrass, Auburn, for appellee.
    Case Number: A17A2123

    Georgia Court Had Personal Jurisdiction Over Non-Resident Who Wrongfully Accepted Retirement Benefits After His Mother Died

  • The Bank Of New York Mellon et al. v. Edmondson et al.

    Publication Date: 2018-04-11
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Tenise Cook, Peter Lublin, John Morhart (Rubin Lublin LLC), Peachtree Corners; Jody Campbell (Blum & Campbell, LLC), Peachtree Corners; Jeffrey Schneider (Weissman, P.C.), Atlanta, for appellant.
    for defendant: Theresa Starkes (Roberts Law Firm, LLC), Atlanta; Pamela Stephenson (Stephenson Reynolds Law), Decatur, for appellee. American Express Bank, FSB, c/o Secretary, Salt Lake City, for other party.
    Case Number: A17A1640

    Bank's Attempt to Replace Missing Security Deed Through Use of Forged Document Was Barred by Unclean Hands Doctrine

  • The State v. Wright

    Publication Date: 2018-04-10
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Margaret Heap (District Attorney), Savannah; Ian Heap (District Attorney's Office, Eastern Judicial Circuit), Savannah, for appellant.
    for defendant: Courtney Lerch (Lerch Law Firm), Savannah, for appellee.
    Case Number: A17A1780

    Defendant Failed to Show He Had Standing to Object to Search of Residence

  • Jones v. The State

    Publication Date: 2018-04-04
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Nancy Miller (Attorney at Law), Columbus; Victoria Novak (Chattahoochee Judicial Circuit Public Defenders of), Columbus, for appellant.
    for defendant: Robert Bickerstaff (DA's Office-Chattahoochee Jud. Cir. Office of the District Attorney), Columbus; Jennifer Dunlap (Chattahoochee Circuit Assistant District Attorney), Julia Slater (District Attorney Chattahoochee Circuit), Columbus; Matthew Landreau (Chattahoochee Judicial District, District Attorney's Office), Columbus, for appellee.
    Case Number: A17A1204

    Police Officer Induced Minor Defendant's Incriminating Statements By Offering Lighter Punishment

  • Harris v. City Of Atlanta

    Publication Date: 2018-04-03
    Practice Area: Employment Litigation | Government | Whistleblower Laws
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Julie Weiner (Law Office of Julie M. Weiner), Marietta; Howard Evans (Howard R. Evans & Associates), Atlanta, for appellant.
    for defendant: Kathryn Hinton, David Gevertz (Baker, Donelson, Bearman, Caldwell & Berkowtiz, PC), Atlanta, for appellee.
    Case Number: A17A1984

    Employee Who Claimed Termination Violated Whistleblower Laws Failed to Show Employer's Proffered Reasons for Termination Were Pretextual

  • Davis et al. v. Ganas et al.

    Publication Date: 2018-03-28
    Practice Area: Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Carl Langley (C. Richard Langley, Attorney at Law), Albany; John Sims (Sims, Fleming, Benson), Tifton; William Turner (Attorney at Law), Valdosta, for appellant.
    for defendant: O. Ellerbee (Attorney at Law), Valdosta, for appellee.
    Case Number: A17A1423

    The Court of Appeals partially vacated the grant of partial summary judgment to plaintiffs in their suit arising out of the use of a private lake, holding that although plaintiffs acquired free access to the waters of the lake because their property was included in a platted subdivision that granted the owners such access and plaintiffs relied on such, an issue of fact remained as to whether free access to the waters included the right to construct and/or maintain a boathouse and dock that was anchored to the bottom of the lake.

  • Clary v. The State

    Publication Date: 2018-03-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jeffrey Peil (Huggins Peil LLC), Evans, for appellant.
    for defendant: David White (District Attorney), Hartwell; Meghan Bowden (Northern Judicial Circuit District Attorney's Office), Elberton, for appellee.
    Case Number: A17A1593

    The evidence supported defendant's convictions for two counts of first-degree arson, concealing the death of another and three counts of theft by bringing stolen property into the State and defense counsel was not deficient in failing to object to statements the prosecutor made during closing argument, as the statements were not improper.

  • State Farm Mutual Automobile Insurance Corporation v. Fabrizio

    Publication Date: 2018-01-31
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Britton White, G. White (Brennan, Harris & Rominger LLP), Savannah, for appellant.
    for defendant: Jason Downey (The Downey Law Firm, LLC), Macon, for appellee. Sarah Akins (Ellis, Painter, Ratterree & Adams, L.L.P.), Savannah; Lester Miller (Law Office of Lester Monroe Miller), for other party.
    Case Number: A17A1446

    The trial court erred in granting summary judgment to plaintiff in her suit to collect uninsured/underinsured motorist benefits following an automobile accident, because genuine issues of material fact existed regarding coverage under five automobile insurance policies issued to plaintiff's father.