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  • Wellpath, LLC v. Cox

    Publication Date: 2024-02-14
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Stephen Schatz, Matthew Howard, (Swift Currie McGhee & Hiers), Atlanta, for appellant.
    for defendant: Patrick Flynn, (Patrick S. Flynn, LLC), Albany, Carolyn Burch, (The Burch Firm LLC), Columbus, for appellee; John Dean, (Hall Booth Smith, P. C.), Tifton, Jesse Bowles, (Attorney at Law), Cuthbert, for other party.
    Case Number: A23A1298

    Court reverses denial of defendant's motion to withdraw an admission and grant of plaintiff's partial summary judgment motion over a respondeat superior issue in a personal injury case

  • Modi v. India-American Cultural Association

    Publication Date: 2024-02-14
    Practice Area: Business Torts
    Industry: Non-Profit
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Girish Modi, Decatur, for appellant.
    for defendant: Leo Kogan, (Freeman Mathis & Gary), Atlanta, for appellee.
    Case Number: A23A1569

    Court affirms liability for an attorney fee award in a case involving violations of an organization's bylaws, but remands for specific assessment of fees in relation to sanctionable conduct

  • Compton v. The State

    Publication Date: 2024-02-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jad Johnson, Victor Aloisio, (Office of the Public Defender, Lookout Mountain Judicial Circuit), Lafayette, for appellant.
    for defendant: Clayton Fuller, (Lookout Mountain Judicial Circuit District Attorney), Lafayette, for appellee.
    Case Number: A23A1703

    Court affirms conviction for theft by receiving stolen property despite alleged conflict between defendant's Alford plea and claim of innocence

  • Gibson-Wright v. Smith

    Publication Date: 2024-02-02
    Practice Area: Civil Appeals
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Tyler Conklin, (Conklin Law Firm), Atlanta, William Kelbaugh, (The Kelbaugh Firm LLC), Atlanta, for appellant.
    for defendant: John O’Brien, William Diehl, (Thompson, O’Brien, Kappler & Nasuti, PC), Peachtree Corners, Norcross, Rudolph Smith, Alapaha, for appellee.
    Case Number: A23A1540

    Court reverses grant of a protective order against a city council member because the evidence did not support that order, and remands for reconsideration of a claim for attorney fees

  • Bray v. Watkins

    Publication Date: 2024-02-01
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Richard Hendrix, Warren Lietz, (Finch McCranie), Atlanta, for appellant.
    for defendant: Jason Waymire, Terry Williams, (Attorney at Law), Buford, for appellee.
    Case Number: A22A1469

    On remand from the Georgia Supreme Court, the court vacated its previous opinion and remanded further for reconsideration of sovereign immunity in a lawsuit against a county sheriff

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    North Texas Bench Book 2024

    Authors: A Project of The Dallas Bar Association

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  • Ponders v. The State

    Publication Date: 2024-01-31
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Micah Gates, (Georgia Public Defender Council), Dalton, for appellant.
    for defendant: Benjamin Kenemer, John Helton, Megan Parker, (McCamy, Phillips, Tuggle & Fordham, LLP), Dalton, for appellee.
    Case Number: A23A1780

    Court affirms conviction for child molestation over defendant's multiple contentions of ineffective assistance of trial counsel

  • Thomas v. The State

    Publication Date: 2024-01-31
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Frances Kuo, Atlanta, for appellant.
    for defendant: Fani Willis, Kevin Armstrong, Pareesa Amjadi, (Fulton County Office of the District Attorney), Atlanta, for appellee.
    Case Number: A23A1753

    Court affirms convictions for rape and aggravated sodomy over defendant's contentions of jury instruction error, improper admission of prior acts evidence, and ineffective assistance of counsel

  • Mason v. Permanent General Assurance Corp. et al.

    Publication Date: 2024-01-30
    Practice Area: Contracts | Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Robert Irby, (Irby Law, LLC), Vestavia, William Dobson, (Morriss, Lober & Dobson, LLC), Macon, Michael Lober, (Lober & Dobson), Woodstock, for appellant.
    for defendant: Robert Norman, (Jones, Cork & Miller), Macon, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellee.
    Case Number: A23A1529

    Court reverses dismissal of an insured party's claim for a refund or premiums in a dispute over a cancelled auto insurance policy, citing ambiguity in policy terms as a rationale for its decision

  • Jakes v. The State

    Publication Date: 2024-01-30
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Sylvia Goldman, (Attorney at Law), Marietta, for appellant.
    for defendant: Flynn Broady, Leslie Coots, (District Attorney Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A23A1215

    Court affirms convictions for possession of controlled substances and other crimes over defendant's contention that a successor judge improperly ruled on a motion for a new trial

  • Martin v. The State

    Publication Date: 2024-01-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Leslie Jones, (Leslie Spornberger Jones LLC), Athens, for appellant.
    for defendant: Tammy Coffey, (District Attorney’s Office Baldwin County), Milledgeville, Tuttle Barksdale, (OcMulgee Circuit District Attorneys Office), Eatonton, for appellee.
    Case Number: A23A1421

    Court affirms convictions for possession of a controlled substance, rejecting defendant's arguments as to the denial of his motion to suppress evidence and ineffective assistance of counsel