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  • Golden Pantry Food Stores, Inc. v. Bradley

    Publication Date: 2024-04-22
    Practice Area: Civil Procedure | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Jackson Dial, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, Austin Atkinson, (Hall Booth Smith, P.C.), Atlanta, for appellant.
    for defendant: ShaMiracle Rankin, (CP Law Group, LLC), Atlanta, Christopher Graddock, Keenan Nix, (Morgan & Morgan Atlanta, PLLC), Atlanta, Darren Summerville, Meghan Hatfield Yanacek, (The Summerville Firm), Atlanta, Meredith Kincaid, (Cross Kincaid), Decatur, for appellee.
    Case Number: A23A1597

    Court vacates spoliation sanctions against retail food store in a pair of premises liability cases and remands for reconsideration of plaintiff's actions under an alternate standard

  • Ameriprise Holdings, Inc. v. Kathy McCampbell, as Surviving Child of Etta McCampbell, et al.

    Publication Date: 2024-04-16
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Thomas Byrne, Stacey Mohr, Samantha Darnell, (Eversheds Sutherland (US) LLP), Atlanta, for appellant.
    for defendant: Andrew Evans, (Attorney at Law), Atlanta, for appellee; Kevin Quirk, (Quirk & Quirk, LLC), Atlanta, for Other Party.
    Case Number: A23A1736

    Court reverses denial of a motion to set aside a default judgment in a garnishment case due to use of an incorrect garnishment form

  • Georgia Division, Sons of Confederate Veterans v. Downs

    Publication Date: 2024-03-25
    Practice Area: Administrative Law | Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Walker Chandler, Peachtree City, for appellant.
    for defendant: Timothy Buckley, Taylor Hensel, (Buckley Christopher, PC), Atlanta, Bennett Bryan, Laura Johnson, (DeKalb County Law Department), Decatur, for appellee.
    Case Number: A22A0663

    Court clarifies that organizations do not have standing but individuals plaintiffs do have standing to challenge removal of a Confederate monument, and remands for analysis of sovereign immunity issues

  • Williams v. Dekalb County et al.

    Publication Date: 2024-03-22
    Practice Area: Administrative Law | Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Ed Williams, (Concerned Citizens For Effective Government), Decatur, for appellant.
    for defendant: Bennett Bryan, Shaheem Williams, Laura Johnson, Terry Phillips, (DeKalb County Law Department), Decatur, Ken Jarrard, (Jarrard & Davis, LLP), Cumming, Brent Herrin, Gus Small, Benjamin Klehr, (Small Herrin, LLP) Atlanta, for appellee.
    Case Number: A22A0508

    Court concludes that a taxpayer has standing to dispute a county commissioner's salary Increase, but affirms dismissal of taxpayer's complaint on other grounds

  • In re Estate of Anne Smith Florance, Deceased

    Publication Date: 2024-03-21
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Andrew Flake, Jennifer Shelfer, (Arnall Golden Gregory LLP), Atlanta, for appellant.
    for defendant: Daniel Diffley, Marguerite Miller, (Alston & Bird, LLP), Atlanta, Valerie Mincey, Chipley, Desiree Polmear, Tampa, Melanie Allen, Panama City, for appellee.
    Case Number: A23A1491

    Court reverses trial court decision that had denied a motion to reject a niece's standing to contest a will, finding that she had no pecuniary interest in the decedent's estate and therefore had no standing

  • 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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  • Clanton v. Taylor, et al.

    Publication Date: 2024-02-22
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Reza Sedghi, Sandra Davis-Campos, (Attorney at Law), Macon, for appellant.
    for defendant: Wendy Heiman, (The Law Office of Nancy W. Phillips), Macon, Karl Broder, Griffin, for appellee.
    Case Number: A23A1244

    Court affirms denial of motion for service by publication and grant of defendant's motion to dismiss a plaintiff's action against an insurer in a car accident negligence case

  • 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

  • Adam Rice et al. v. Fulton County et al.

    Publication Date: 2024-02-20
    Practice Area: Civil Procedure | Class Actions
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Mitchell Graham, (G. Roger Land & Associates), Atlanta, G. Land, (Attorney at Law), Atlanta, Jonathan Palmer, (Knight Palmer, LLC), Atlanta, Ranse Partin, (Conley Griggs Partin LLP), Atlanta, Lindsey Hillis, (The Hillis Firm), Atlanta, Nicholas Sears, (Nicholas Sears), Atlanta, for appellant.
    for defendant: Colin Delaney, Dana Richens, Anthony Rollins, Edward Wasmuth, Leah Sears, (Smith, Gambrell & Russell, LLP), Atlanta, Detriss Thomas, Kaye Burwell, (Fulton County Office of the County Attorney), Atlanta, Ken Jarrard, (Jarrard & Davis, LLP), Cumming, Joyce Lewis, Kana Caplan, (Krevolin Horst, LLC), Atlanta, Laura Yellig, (Fulton County Public Defender), Atlanta, Jacob Edwards, (Krevolin Horst), Atlanta, Hermise Pierre, (City of Atlanta Department of Law), Atlanta, John Petty, (City of Roswell Legal Department), Roswell, David Davidson, (Attorney at Law), Roswell, for appellee; Richard Carothers, (Attorney at Law), Buford, for Other Party.
    Case Number: A23A1646

    Court reverses denial of class certification in a taxpayers' proposed class action property tax lawsuit against Fulton County

  • Sharpe v. McCartney

    Publication Date: 2024-02-16
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Walter Adams, (Attorney at Law), Brunswick, for appellant.
    for defendant: Patrick O’Connor, Amelia Stevens, (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A23A1550

    Court affirms dismissal of action for excessive use of force by the police, concluding it was not a proper renewal action where plaintiff's original case was dismissed for lack of diligence in service

  • Lovell v. Raffensperger et al.

    Publication Date: 2024-02-06
    Practice Area: Civil Procedure | Constitutional Law
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Kristen Lovell, Evans, for appellant.
    for defendant: Thomas L. Cathey, Fort Gordon, Bryan Keith Webb, Russell David Willard, Elizabeth Wilson Vaughan, Christopher M. Carr, (Department of Law), Atlanta, William James Keogh, III, Jordan Bell, (Hull Barrett, P.C.), Augusta, for appellee.
    Case Number: S23A0887

    Court affirms dismissal of actions against State and county election officials for non-compliance with sovereign immunity waiver requirements under the Georgia Constitution