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  • Cook v. SMG Construction Services, LLC

    Publication Date: 2024-12-10
    Practice Area: Premises Liability
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jonathan Pope, Marion Pope, (Hasty Pope LLP), Canton, Mary Handte, (Hasty Pope LLP), Gainesville, for appellant.
    for defendant: Jay Eidex, (Attorney at Law), Suwanee, for appellee; Robert Luskin, (Chartwell law), Atlanta, Eric Mull, Reid Evans, (Burke Moore Law Group LLP), Atlanta, Pamela Grimes, (GEICO), Atlanta, Matthew Moffett, Sean Herald, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, Ernest Harrell, (Busch, Reed, Jones & Leeper, PC), Marietta, for other party.
    Case Number: A24A0886

    Court reverses summary judgment that had been in favor of a construction property owner in a subcontractor's premises liability case, finding questions of fact that precluded summary judgment

  • Northside Hospital, Inc. v. Northeast Georgia Medical Center, Inc. et al.

    Publication Date: 2024-12-10
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Robert Rozier, Sanford Moore, Charlotte Combre, (Baker & Hostetler LLP), Atlanta, Roger Hatcher, Matthew Smith, (Smith, Gilliam, Williams & Miles, P.A.), Gainesville, Robert Highsmith, (Highsmith V. Highsmith), Baxley, Robert Highsmith, (Holland & Knight LLP), Atlanta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellant.
    for defendant: Armando Basarrate, David Darden, Jameson Bilsborrow, (Parker, Hudson, Rainer & Dobbs LLP), Atlanta, Thomas Cole, (Welchel, Dunlap, Jarrard & Walker, LLP), Gainesville, for appellee; Christopher Carr, Margaret Eckrote, Charles Thimmesch, (Office of the Attorney General), Atlanta, Stacey Hillock, Daniel Walsh, (Department of Law, State of Georgia), Atlanta, for other party.
    Case Number: A22A1081

    Court remands Certificate of Need decision in a challenge brought by competing health care centers and directs Department of Community Health to apply the proper standard

  • First Communities Management, Inc. v. Tearria Byrd

    Publication Date: 2024-12-10
    Practice Area: Landlord Tenant Law | Wrongful Death
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Sara Galloway, Ronald Masterson, Michael DiOrio, Brittany DeDiego, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellant.
    for defendant: Michael Rafi, Alan Stagmeier, Alexander Brown, (Rafi Law Firm LLC), Atlanta, for appellee; Austin Atkinson, Pearson Cunningham, (Hall Booth Smith), Atlanta, for AM.
    Case Number: A24A0937

    Court affirms that exculpatory clauses in leases purporting to waive landlord liability for third party criminal acts are void and unenforceable as against public policy

  • Calvert v. Calvert

    Publication Date: 2024-12-09
    Practice Area: Attorney Compensation | Family Law
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Juhee Jun, (The Jun Firm LLC), Atlanta, for appellant.
    for defendant: Onyema Farrey, (Anene Farrey & Associates, LLC), Atlanta, for appellee; Michael Kramer, (Attorney at Law), Marietta, for other party.
    Case Number: A24A0640

    Court in Child Custody Case May Not Consider Award of Attorney Fees Following Entry of Final Judgment

  • Georgia Department of Transportation v. Jackson

    Publication Date: 2024-12-09
    Practice Area: Government | Motor Vehicle Torts | Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Christopher Carr, Loretta Pinkston-Pope, (Attorney General), Atlanta, Kathleen Turnipseed, William Tomlin, (Georgia Department of Law), Atlanta, for appellant.
    for defendant: Christopher Britt, Jeremy McKenzie, Nicholas Evans, (Karsman, McKenzie & Hart), Savannah, Daniel Boles, (Boles Law Firm, LLC), North Charleston, for appellee.
    Case Number: A24A0902

    Ante Litem Notice Filed by Plaintiff Suing Government Agency Failed to Include Certified Mail Receipt as Proof of Mailing

  • Jones et al. v. Scarlett & Associates, Inc.

    Publication Date: 2024-12-09
    Practice Area: Personal Injury | Premises Liability
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Michael Gorby, (Gorby, Peters & Associates LLC), Tucker, Mary Peters, (Gorby, Peters & Associates LLC), Atlanta, for appellant.
    for defendant: Simon Bloom, Troy Covington, Sean Ryan, (Bloom Parham, LLP), Atlanta, Kenneth Newby, Jamaal Brown, (Newby Law Group, LLC), Atlanta, for appellee; David Broussard, (Clyde & Co US LLP), Atlanta, Saint Security, LLC, (Saint Security, LLC c/o Bonsai Bix Filings, LLC), Atlanta, for other party.
    Case Number: A24A1022

    Restaurant Guard's Employment Relationship Did Not Preclude Application of Mutual Combatant Doctrine

  • Premier Pediatric Providers, LLC v. Kennesaw Pediatrics, P. C.

    Publication Date: 2024-12-09
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Steven Hall, (Baker Donelson Bearman Caldwell & Berkowitz), for appellant.
    for defendant: David Michell, James Sherman, (Stanley, Esrey & Buckley, LLP), Atlanta, for appellee.
    Case Number: A24A0857

    Claim of Scrivener's Error No Defense to Assertion of Membership Right Where Contract Was Clear and Unambiguous

  • Gordon v. The State

    Publication Date: 2024-12-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Ryan Malone, (Appellate Division, Georgia Pubic Defender Council), Macon, for appellant.
    for defendant: Stacey Jackson, Frederick Lewis, (Chattahoochee Judicial Circuit), Columbus, for appellee.
    Case Number: A24A0926

    Court affirms convictions for armed robbery and related Crimes, rejecting defendant's challenges to sufficiency and admissibility of evidence, jury selection, and effectiveness of counsel

  • Tussahaw Reserves, LLC et al. v. Butts County

    Publication Date: 2024-12-06
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Jeffrey Haymore, Julie Sellers, (Dillard Sellers LLC), Atlanta, Leland Kynes, (Webb Deniel Friedlander LLP), Atlanta, for appellant.
    for defendant: Brandon Bowen, (Jenkins, Bowen & Walker, P.C.), Cartersville, Ken Jarrard, (Jarrard & Davis, LLP), Cumming, Benjamin Vaughn, (Benjamin A. Vaughn, P.C.), Forsyth, for appellee; David Marmins, (Arnall Golden Gregory LLP), Atlanta, Newton Galloway, (Galloway & Lyndall, LLP), Griffin, for other party.
    Case Number: A24A0851

    Court affirms dismissal of rezoning challenge and enforces Constitutional sovereign immunity exclusivity because challengers had filed a single action against a county and individuals

  • In re Victor Ogbuehi

    Publication Date: 2024-12-06
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: James Yancey, (James A. Yancey, Jr,. Attorney At Law, P.C.), Brunswick, for appellant.
    for defendant: N/a
    Case Number: A24A1052

    Court affirms contempt order and penalty against an attorney, including a jail sentence and fine, due to courtroom tardiness without giving notice to the trial court