• Altine v. Eastside Medical Center, LLC

    Publication Date: 2024-08-16
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Willard Bullock, Charles Cork, (Attorney at Law), Atlanta, Wayne Grant, Kimberly Grant, (Grant Law Office), Atlanta, for appellant.
    for defendant: Brian Mathis, Randolph Powell, Mikell Reynolds, Rachel Reed, Alexander Vey, (Huff Powell Bailey), Atlanta, for appellee.

    Case Number: A24A0088

    Court affirms verdict favoring medical center, concluding that admission of evidence of a settlement with a surgeon was harmless

  • The State v. Stillman

    Publication Date: 2024-08-16
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Susan Treadaway, (Chief Assistant District Attorney Cobb Judicial Circuit), Marietta, Cliff Head, (Assistant District Attorney Blue Ridge Judicial Circuit), Canton, for appellant.
    for defendant: Bernard Brody, (Brody Law Firm), Atlanta, Donald Samuel, (Garland, Samuel & Loeb, P.C.), Atlanta, for appellee.

    Case Number: A24A0594

    Court reverses application of rule of lenity that trial court cited to vacate trafficking charges, and remands for resentencing of defendant on trafficking and pandering charges

  • Calhoun v. Harrell

    Publication Date: 2024-08-15
    Practice Area: Election and Political Law | Social Media
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Ivan Gustafson, (Law Office of Ivan Gustafson), McDonough, for appellant.
    for defendant: Loletha Hale, (Attorney at Law), Jonesboro, Nancy Ladson, Atlanta, Richard Schrade, (Attorney at Law), McDonough, for appellee.

    Case Number: A23A0279

    Court reverses stalking protective order, citing insufficient evidence of direct contact

  • Guy v. Housing Authority of the City of Augusta, Georgia

    Publication Date: 2024-08-15
    Practice Area: Civil Procedure | Premises Liability
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: James Califf, (Califf Law Firm LLC), Augusta, for appellant.
    for defendant: Christopher Cosper, (Hull Barrett, P.C.), Augusta, for appellee; Michael Walker, (Piasta Walker Hagenbush, LLC), Atlanta, William McDavid, (Jones Cork, LLP), Macon, Jack Schley, (Page Scrantom Sprouse Tucker & Ford PC), Columbus, for AM.

    Case Number: A24A0080

    Court affirms sovereign immunity for Housing Authority in premises liability case, concluding that the Housing Authority is a public entity entitled to sovereign immunity.

  • The State v. Caldwell

    Publication Date: 2024-08-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Susan Treadaway, (Chief Assistant District Attorney Cobb Judicial Circuit), Marietta, Cliff Head, (Assistant District Attorney Blue Ridge Judicial Circuit), Canton, Kelly Nugent-Chavis, (Cherokee County District Attorney’s Office), Canton, for appellant.
    for defendant: Philip Price, Jenny Rose, (Price Law Group), Canton, for appellee.

    Case Number: A24A0037

    Court affirms suppression of evidence in traffic stop case, citing unlawful prolongation of detention

  • Murray et al. v. Lexington Park of Fulton County Community Association, Inc.

    Publication Date: 2024-08-14
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Marvin Arrington, (Attorney at Law), Atlanta, for appellant.
    for defendant: Brian Gardiner, (Dunlap Gardiner LLP), Douglasville, Wesley Dunlap, Evan Barnard, (Dunlap Gardiner LLP), Hiram, for appellee.

    Case Number: A24A0158

    Court affirms dismissal of homeowners' complaint against a homeowners' association because their lawsuit should have been filed as a derivative claim and not as direct claims by the homeowners

  • Barron v. Pritchett

    Publication Date: 2024-08-14
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Susan Raymond, (Hogue & Hogue (Of Counsel)), Macon, for appellant.
    for defendant: John Harrington, (Smith & Harrington), Eastman, for appellee.

    Case Number: A24A0595

    Court applies Scherer test and affirms enforceability of prenuptial agreement in divorce case

  • Main Street Burger, Inc. v. Estate of David W. Collier et al.

    Publication Date: 2024-08-14
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Beth Hilscher, (Beth Sebring Hilscher), Suwanee, Aaron Block, Max Marks, (The Block Firm LLC), Atlanta, for appellant.
    for defendant: Bryan Henderson, Tucker, Jon David Huffman, Timothy Andrews, (Poole Huffman, LLC), Tucker, for appellee; Fred Bentley, Jamie Wingler, (Attorney at Law), Marietta, for other party.

    Case Number: A24A0531

    Court partially reverses lease termination rights, finding that trial court misinterpreted a lease provision, and affirms injunction that was intended to maintain the status quo in a property dispute

  • Gonzalez v. Miller

    Publication Date: 2024-08-14
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Stephen Bauer, Jeffrey Baxter, Tyler Fabbri, (BakerHostetler LLP), Atlanta, Ryan Harbin, (Bloom Sugarman), Atlanta, for appellant.
    for defendant: Barry Fitzpatrick, (Law Office of Lane Fitzpatrick), Danielsville, Kevin Epps, Tyler Gaines, (Epps, Holloway, DeLoach & Hoipkemier LLC), Watkinsville, for appellee; K. Cooke, (Gautreaux Law, LLC), Macon, Jonathan Adams, (Office of the District Attorney, Towaliga Judicial Circuit), Jackson, Robert Smith, (Prosecuting Attorneys’ Council of Georgia), Morrow, for AM.

    Case Number: A24A0153

    Court dismisses an appeal to a writ of mandamus due to a defective confession of judgment in the mandamus action challenging a district attorney's failure to perform statutory duties

  • Funvestment Group, LLC v. Crittenden

    Publication Date: 2024-08-13
    Practice Area: Tax
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Paul Oliver, Les Schneider, Thomas Walker, (Wimberly, Lawson, Steckel, Schneider & Stine, P.C.), Atlanta, for appellant.
    for defendant: Ronald Stay, Alex Sponseller, Melody Chapman, (Georgia Department of Law), Atlanta, for appellee.

    Case Number: A22A0193

    Court reverses its previous opinion and adopts Georgia Supreme Court ruling that gross revenues generated from coin-operated amusement machines are exempt from sales and use taxes