• 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

  • Thompson v. The State

    Publication Date: 2024-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Charles Frier, (Attorney at Law), Atlanta, for appellant.
    for defendant: Fani Willis, Burke Doherty, (Fulton County District Attorney’s Office), Atlanta, for appellee.

    Case Number: A23A1429

    Court affirms convictions for attempted murder and other crimes over defendant's contentions of insufficient evidence, jury instruction error, and ineffective assistance from counsel

  • McAnnally v. The State

    Publication Date: 2024-02-16
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Frances Kuo, Atlanta, for appellant.
    for defendant: Clayton Fuller, Matthew Moore, (Lookout Mountain Judicial Circuit District Attorney), Lafayette, for appellee.

    Case Number: A23A1239

    Court affirms convictions for firearm possession and obstruction of an officer following a traffic stop and rejected defendants' contentions of insufficient evidence and ineffective assistance of counsel

  • Bennett v. Cashin et al.

    Publication Date: 2024-02-16
    Practice Area: Contracts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Joseph Key, Kayci Timmons, (J. Scott Key, LLC), Madison, for appellant.
    for defendant: David McPherson, (The McPherson Law Firm), Sparta, for appellee.

    Case Number: A23A1708

    Court affirms judgment notwithstanding a jury verdict to the contrary, holding that an unlicensed general contractor cannot recover for nonpayment with a breach of contract claim

  • 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

  • Brixmor New Chastain Corners SC, LLC v. James

    Publication Date: 2024-02-15
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Charles Beans, (McLaughlin Law Firm), Alpharetta, for appellant.
    for defendant: Joshua Stein, (J. Stein Law Firm), Atlanta, for appellee.

    Case Number: A22A1499

    On remand from the Georgia Supreme Court, the court affirmed denial of shopping center's summary judgment motion in a premises liability case and adjusts its ruling on spoliation

  • White et al. v. McGouirk et al.

    Publication Date: 2024-02-15
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Russell Davis, (Downey & Cleveland), Marietta, David Hanson, (The Hanson Firm LLC), Atlanta, Zachary Fuller, (Hanson Fuller, LLC), Atlanta, for appellant.
    for defendant: Derek Nuce, (Pasley, Nuce, Mallory & Davis, LLC), Thomaston, James Sadd, Daniel Epstein, (Slappey & Sadd, LLC), Atlanta, for appellee.

    Case Number: A23A1548

    Court affirms $10.1 million verdict in a medical malpractice case, rejecting defendants' arguments regarding improper comments by plaintiffs' counsel and excessive size of award

  • Thomas v. The State

    Publication Date: 2024-02-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: David Walker, (Georgia Public Defender Council), Macon, for appellant.
    for defendant: Anita Howard, Cynthia Adams, (Macon Judicial Circuit District Attorney’s Office Office of the District Attorney Macon Judicial Circuit), Macon, for appellee.

    Case Number: A23A1342

    Court affirms denial of out-of-time appeal in a voluntary manslaughter case

  • Xfinity Mobile et al. v. Risher

    Publication Date: 2024-02-14
    Practice Area: Civil Appeals
    Industry: Technology Media and Telecom
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Heather Sharp, Joseph Wargo, Taylor Pernini, (Wargo, French & Singer LLP), Atlanta, for appellant.
    for defendant: Walter Adams, (Attorney at Law), Brunswick, for appellee.

    Case Number: A23A1544

    Court reverses denial of motion for new trial in a dispute over service fees due to superior court's failure to conduct a mandatory hearing on the motion