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  • St. Marys Health Care System, Inc. v. Roach et al.

    Publication Date: 2018-04-10
    Practice Area: Health Care Law | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Michael Bailey, Leslie Cline, Bailey Sabulis (Huff, Powell & Bailey, LLC), Atlanta, for appellant.
    for defendant: J. Cook (Cook, Noell, Tolley, Bates & Michael), Athens; Robert Irwin (Cook Noell, Tolley & Bates, LLP), Athens, for appellee. James Brim (Forrester & Brim, LLP), for other party.
    Case Number: A17A1582

    Emergency Room Physician's Decision Not to Ask On-Call Radiologist to Review X-Ray Sounded in Professional Negligence as to the Hospital

  • Byrd v. The State

    Publication Date: 2018-04-09
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Kevin Anderson (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: James Chafin (Assistant District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A17A1599

    Defense Counsel's Strategic Decision Not to Seek Jury Instruction on Lesser Included Offense Was Not Patently Unreasonable

  • In the Interest of K. M., a child.

    Publication Date: 2018-04-09
    Practice Area: Evidence | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Lee Ashmore (The Law Office of Lee S. Ashmore), Brunswick, for appellant.
    for defendant: William Ashe (Attorney at Law), Woodbine, for appellee. Miles Hendrix (Attorney at Law), Kingsland, for other party.
    Case Number: A17A1747

    Juvenile Court Should Have Applied Clear and Convincing Standard in Determining Whether to Terminate Guardianship of Minor With Non-Parents

  • Barrow v. Dunn

    Publication Date: 2018-04-05
    Practice Area: Environmental Law | Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Malissa Kaufold-Wiggins, Tyler Bishop (Balch & Bingham LLP), Atlanta; Hugh McNatt, Hugh Peterson (McNatt, Greene & Peterson, PC.) Vidalia; Jonathan Schwartz (Jon L. Schwartz, Attorney at Law, P.C.), Atlanta, for appellant.
    for defendant: Isaac Byrd (Deputy Attorney General), Atlanta; Christopher Carr (Attorney General), Atlanta; Suzanne Osborne (Department of Law), Atlanta; John Hennelly (Assistant Attorney General), Atlanta; James Coots (Senior Assistant Attorney General), Atlanta, for appellee. Ray Smith (Attorney at Law), Richmond Hill, for other party.
    Case Number: A17A1385

    Environmental Protection Division Granted Wastewater Treatment Facility Permit Without Conducting Required Antidegradation Analysis

  • Community & Southern Bank v. First Bank Of Dalton et al.

    Publication Date: 2018-04-05
    Practice Area: Banking and Finance Laws | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Bryan Busch (Busch Slipakoff & Schuh, LLP), Atlanta; Laura Mirmelli (Adams and Reese), Atlanta, for appellant.
    for defendant: Stephen Michmerhuizen, Warren Coppedge (Coppedge and Associates, P.C.), Dalton, for appellee. Avery Jackson (Tisinger Vance PC), Carrollton, for other party.
    Case Number: A17A2121

    Trial Court Erred In Reentering Earlier Judgment After Appellate Court Directed Judgment Be Vacated and Issues Reconsidered

  • Harvey v. The State

    Publication Date: 2018-04-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Natalie Glaser (Attorney at Law), Dublin; Micah Gates (Georgia Public Defender Council), Dalton, for appellant.
    for defendant: Herbert Poston (District Attorney), Dalton; Jennifer Baxter (Consasauga Circuit District Attorney), Dalton, for appellee.
    Case Number: A17A1789

    Prior Acts Evidence of Numerous Residential Burglary Pleas Admissible to Show Intent and Similar Crimes

  • Jones v. The State

    Publication Date: 2018-04-04
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Nancy Miller (Attorney at Law), Columbus; Victoria Novak (Chattahoochee Judicial Circuit Public Defenders of), Columbus, for appellant.
    for defendant: Robert Bickerstaff (DA's Office-Chattahoochee Jud. Cir. Office of the District Attorney), Columbus; Jennifer Dunlap (Chattahoochee Circuit Assistant District Attorney), Julia Slater (District Attorney Chattahoochee Circuit), Columbus; Matthew Landreau (Chattahoochee Judicial District, District Attorney's Office), Columbus, for appellee.
    Case Number: A17A1204

    Police Officer Induced Minor Defendant's Incriminating Statements By Offering Lighter Punishment

  • Legree v. The State

    Publication Date: 2018-04-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Debra Jefferson (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Margaret Heap (District Attorney), Savannah; Burt Burton (Eastern Judicial Circuit District Attorney's Office), Savannah, for appellee.
    Case Number: A17A1782

    State's Failure to Show Victim and Key Eyewitness Were Unable to Testify Violated Defendant's Confrontation Right

  • Harris v. City Of Atlanta

    Publication Date: 2018-04-03
    Practice Area: Employment Litigation | Government | Whistleblower Laws
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Julie Weiner (Law Office of Julie M. Weiner), Marietta; Howard Evans (Howard R. Evans & Associates), Atlanta, for appellant.
    for defendant: Kathryn Hinton, David Gevertz (Baker, Donelson, Bearman, Caldwell & Berkowtiz, PC), Atlanta, for appellee.
    Case Number: A17A1984

    Employee Who Claimed Termination Violated Whistleblower Laws Failed to Show Employer's Proffered Reasons for Termination Were Pretextual

  • Legacy Academy, Inc. v. Doles-Smith Enterprises, Inc.

    Publication Date: 2018-04-03
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Charles Bachman (Gregory Doyle Calhoun & Rogers LLC), Atlanta, for appellant.
    for defendant: Cary Ichter (Attorney at Law), Atlanta; William Davis (Ichter Davis, LLC), Atlanta, for appellee.
    Case Number: A17A2102

    Res Judicata Barred Francisor From Seeking Remedies It Could Have Pursued Against Franchisee in Prior Action