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  • Main Street Burger, Inc. v. Estate of David W. Collier et al.

    Publication Date: 2024-08-14
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Beth Hilscher, (Beth Sebring Hilscher), Suwanee, Aaron Block, Max Marks, (The Block Firm LLC), Atlanta, for appellant.
    for defendant: Bryan Henderson, Tucker, Jon David Huffman, Timothy Andrews, (Poole Huffman, LLC), Tucker, for appellee; Fred Bentley, Jamie Wingler, (Attorney at Law), Marietta, for other party.
    Case Number: A24A0531

    Court partially reverses lease termination rights, finding that trial court misinterpreted a lease provision, and affirms injunction that was intended to maintain the status quo in a property dispute

  • Gonzalez v. Miller

    Publication Date: 2024-08-14
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Stephen Bauer, Jeffrey Baxter, Tyler Fabbri, (BakerHostetler LLP), Atlanta, Ryan Harbin, (Bloom Sugarman), Atlanta, for appellant.
    for defendant: Barry Fitzpatrick, (Law Office of Lane Fitzpatrick), Danielsville, Kevin Epps, Tyler Gaines, (Epps, Holloway, DeLoach & Hoipkemier LLC), Watkinsville, for appellee; K. Cooke, (Gautreaux Law, LLC), Macon, Jonathan Adams, (Office of the District Attorney, Towaliga Judicial Circuit), Jackson, Robert Smith, (Prosecuting Attorneys’ Council of Georgia), Morrow, for AM.
    Case Number: A24A0153

    Court dismisses an appeal to a writ of mandamus due to a defective confession of judgment in the mandamus action challenging a district attorney's failure to perform statutory duties

  • Funvestment Group, LLC v. Crittenden

    Publication Date: 2024-08-13
    Practice Area: Tax
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Paul Oliver, Les Schneider, Thomas Walker, (Wimberly, Lawson, Steckel, Schneider & Stine, P.C.), Atlanta, for appellant.
    for defendant: Ronald Stay, Alex Sponseller, Melody Chapman, (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A22A0193

    Court reverses its previous opinion and adopts Georgia Supreme Court ruling that gross revenues generated from coin-operated amusement machines are exempt from sales and use taxes

  • Bailey et al. v. Make A Difference Ministries, Inc.

    Publication Date: 2024-08-13
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Matthew Swanson, Andrew Jones, (Jones & Swanson, LLC), Marietta, Andrew Ashby, Maxwell Thelen, (Ashby Thelen Lowry), Marietta, for appellant.
    for defendant: Robert Luskin, Anelise Codrington, (Chartwell Law), Atlanta, for appellee.
    Case Number: A24A0546

    Court partially reverses summary judgment that had been in favor of defendant in a negligence case, finding possible gross negligence, but affirms denial of punitive damages and attorneys

  • P&J Beverage Corporation v. The Bottle Shop, LLC

    Publication Date: 2024-08-13
    Practice Area: Damages
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Stephen Hodges, (Philips Branch & Hodges), Columbus, David Nelson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, for appellant.
    for defendant: Travis Hargrove, (The Finley Firm), Columbus, Robert Lomax, (Robert R. Lomax, LLC), Columbus, for appellee.
    Case Number: A24A0033

    Court affirms judgment of actual and punitive damages and attorneys' fees in favor of a plaintiff that sued for wrongful injunction and abusive litigation

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Terry v. The State

    Publication Date: 2024-08-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Karen Wilkes, (Tallapoosa Circuit Public Defender), Cedartown, for appellant.
    for defendant: Harold Baker, Oliver Browning, (Office of the District Attorney, Tallapoosa Judicial Circuit), Cedartown, for appellee.
    Case Number: A24A0107

    Court reverses conviction for obstruction of officer due to insufficient evidence of lawful detention

  • Griffin v. The State

    Publication Date: 2024-08-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Jared Roberts, (Attorney at Law), Douglas, David Cason, (Law Office of David S. Cason), Bethlehem, for appellant.
    for defendant: Keith McIntyre, Daphne Totten, (Chief Assistant District Attorney), Statesboro, for appellee.
    Case Number: A24A0197

    Court vacates a trial court's judgment of guilt and remands for correct analysis of defendant's pre-trial immunity motion in an aggravated assault case

  • Kunkel et al. v. Hillman

    Publication Date: 2024-08-12
    Practice Area: Contracts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Alfred Malena, (The Malena Law Firm, LLC), Suwanee, for appellant.
    for defendant: Rebecca Strickland, John McCall, (Swift, Currie, McGhee & Hiers, LLC), Atlanta, for appellee.
    Case Number: A24A0515

    Court reverses denial of motion to add a party to a breach of contract complaint and vacates summary judgment as to a personal defendant

  • Georgia Insurers Insolvency Pool v. Carpet Cycle, LLC et al.

    Publication Date: 2024-08-12
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Michael Gorby, Amy Burns, Whitney Arp, (Gorby Peters & Associates, LLC), Tucker, for appellant.
    for defendant: Catherine Koura, (Attorney at Law), Atlanta, George Waters, (Attorney at Law), Richmond Hill, Marion Waters, Alexis West, (Eraclides Gelman Hall Indek Goodman & Waters LLC), Lawrenceville, Barton Solomon, (McMahan Law Firm), Dalton, for appellee; Amy Urban, (Georgia State Board of Workers’ Compensation), Atlanta, for other party.
    Case Number: A24A0103

    Court affirms and partially reverses decisions involving insurance insolvency pool reimbursement claims and remands for review of constitutional due process issues

  • Sneed v. Place At Midway, LLC et al.

    Publication Date: 2024-08-09
    Practice Area: Personal Injury | Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Carson Jeffries, David Carter, Dara Jeffries, (Carter Jeffries, LLC), Atlanta, for appellant.
    for defendant: Michael Manfredi, (Wilson Elser Moskowitz Edelman & Dicker), Atlanta, for appellee; Jeffrey Raasch, (Vernis & Bowling of Atlanta, LLC), Atlanta, for other party.
    Case Number: A24A0343

    Court partially reverses dismissal of tenant's personal injury claims but affirms dismissal of contract-based claims due to a one-year time bar in her lease agreement