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  • Sowell v. The State

    Publication Date: 2024-11-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Mark Yurachek, (The Law Offices of Mark Allen Yurachek & Associate), Atlanta, for appellant.
    for defendant: Lee Darragh, (District Attorney, NEJC of GA Northeastern Judicial Circuit), Gainesville, Kyle Bowland, (District Attorney, NEJC of GA Northeastern Judicial Circuit), Dawsonville, Conley Greer, (Dawson County District Attorney’s Office), Dawsonville, for appellee.
    Case Number: A24A0949

    Court affirms DUI-related convictions for vehicular homicide and other crimes over defendant's challenge to admission of certain expert testimony and contentions of insufficient evidence

  • Humble v. Opendoor Property J., LLC

    Publication Date: 2024-11-18
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Jerry Carter, (Attorney at Law), Gainesville, Julie Liberman, (Julie A. Liberman, LLC), Marietta, for appellant.
    for defendant: Brian Linkowski, (Fidelity National Law Group), Atlanta, for appellee; John Baker, (Attorney at Law), Athens, for other party.
    Case Number: A24A0823

    Court reverses summary judgment in property collateral dispute, highlighting contract interpretation over a scrivener's error and open issues of fact that precluded summary judgment

  • Health Services of Central Georgia, Inc. et al. v. Wanna

    Publication Date: 2024-11-18
    Practice Area: Contracts | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Robert Brennan, (Attorney at Law), Atlanta, Jared Miller, Jameson Bilsborrow, (Parker, Hudson, Rainer & Dobbs LLP), Atlanta, Julia Magda, (Magda Law, LLC), Macon, for appellant.
    for defendant: Anthony Cochran, Sarah Gordon, (Smith, Gambrell & Russell, LLP), Atlanta, Franklin Gaddy, (Martin Snow LLP), Macon, for appellee.
    Case Number: A24A0909

    Court affirms mixed rulings in a contract and employment dispute between a physician and his employer, and remands attorney fees determination

  • In re Estate of Toonkeo Flournoy, Deceased.

    Publication Date: 2024-11-12
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Padgett
    Attorneys: For plaintiff: Leland Kynes, (Webb Deniel Friedlander LLP), Atlanta, for appellant.
    for defendant: Robert Trammell, (Trammell Sams, LLC), Luthersville, Sandy Vongdasy, Moreland, for appellee.
    Case Number: A24A0702

    Court reverses a jury verdict in an estate dispute involving allegations of fraud and undue influence due to improper jury instruction, and remands for a new trial

  • Lowndes County Board of Tax Assessors v. Lifesouth Community Blood Centers, Inc.

    Publication Date: 2024-11-12
    Practice Area: Tax
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Walter Elliott, William Elliott, (Elliott Blackburn & Gooding PC), Valdosta, for appellant.
    for defendant: Stephen Lowe, (Leach & Lowe LLC), Atlanta, Dabney Ware, (Foley & Lardner, LLP), Jacksonville, Kevin Hyde, (Foley & Lardner, LLP), Jacksonville, for appellee.
    Case Number: A24A0963

    Court affirms ad valorem property tax exemption for community blood center that distributes blood products to hospitals but not directly to the public

  • North American Senior Benefits, LLC v. Wimmer et al.

    Publication Date: 2024-11-08
    Practice Area: Contracts | Employment Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Hayes, (Attorney at Law), Atlanta, Thaddeus Wilson, Zachary McEntyre, Valentin Leppert, Andrew Chinsky, (King & Spalding LLP), Atlanta, for appellant.
    for defendant: Jeffrey Mokotoff, Leslie Hartnett, (Ford & Harrison LLP), Atlanta, Abigail Larimer, (Mohawk Industries), Calhoun, Benjamin Fryer, Charlotte, for appellee.
    Case Number: A23A0162

    Court reverses its prior opinion and adopts Supreme Court ruling that restrictive covenants may be enforceable without express geographic terms if they are reasonable in time, area, and scope

  • Dixie Amusement, LLC v. Primero Games, LLC

    Publication Date: 2024-11-08
    Practice Area: Contracts
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Steven Kushner, Ethan Knott, (Fellows LaBriola LLP), Atlanta, for appellant.
    for defendant: Franklin Brannen, (Tesla, Inc.), Washington, Elizabeth Scherer, (Fox Rothschild LLP), Raleigh, Keith Kodosky, Ronald Masterson, Cameron Mobley, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellee.
    Case Number: A24A1103

    Court vacates ruling in a breach of contract business dispute over contract terms of sale and whether those terms materially altered a contract under UCC Section 2-207

  • Blount v. Blount

    Publication Date: 2024-11-08
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Patricia Shewmaker, (Shewmaker & Lewis, LLC), Peachtree Corners, for appellant.
    for defendant: Vic Hill, (Attorney at Law), Marietta, Andrea Hastings, (Waggoner Hastings, LLC), Alpharetta, for appellee.
    Case Number: A24A0779

    Court affirms asset division and payment of lump sum to husband in a divorce proceeding but reverses discovery ruling and vacates award of attorney fees

  • YKH Realty, LLC et al. v. Georgia Department of Transportation

    Publication Date: 2024-11-07
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Warren Coppedge, (Coppedge & Associates, P.C.), Dalton, for appellant.
    for defendant: Christopher Carr, Frances Mulderig, (Georgia Attorney General’s Office), Atlanta, Henry Tharpe, (Tharpe Law Firm, LLC), Dalton, Anne Sapp, (Anne W. Sapp, P.C.), Atlanta, for appellee.
    Case Number: A24A0888

    Court reverses dismissal of notices of appeal and part of a summary judgment grant that had been in favor of Department of Transportation in a condemnation compensation dispute

  • Rakestraw v. The State

    Publication Date: 2024-11-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: David Whitman, (Guardian Ad Litem/Attorney at Law), Lawrenceville, for appellant.
    for defendant: Patsy Austin-Gatson, Clifford Kurlander, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A24A0929

    Court affirms convictions for home invasion and other crimes, rejecting defendant's multiple contention of ineffective assistance of counsel claims