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  • Chambers v. Hall, Warden

    Publication Date: 2019-03-28
    Practice Area: Criminal Law
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Sarah L. Gerwig-Moore, Leslie Lyon Cadle, Mathew Gilbo, (Mercer Law School), Macon, Ivy Neal Cadle, (Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.), Macon, Joseph Scott Key, (Miller & Key, PA), McDonough, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Min-soo Youn, (Department of Law), Atlanta, for appellee.
    Case Number: S18A1322

    Aggravated Assault Merged Into Armed Robbery Where Crimes Were Part of Same Act or Transaction

  • Kershaw et al. v. Princeton Properties Management, Inc. et al.

    Publication Date: 2019-03-22
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Scott Hart, (The Hart Law Firm), Atlanta, for appellant.
    for defendant: Justin Kreindel, (Fowler, Hein, Cheatwood & Williams, P. A.), Atlanta, James Williams, (Attorney at Law), Atlanta, for appellee.
    Case Number: A18A1842

    Case remanded for trial court to fulfill gatekeeper role regarding expert witness affidavit requirements

  • Woods v. Stonecipher

    Publication Date: 2019-03-21
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Thomas Lindsay, (Townley & Lindsay, LLC), Rossville, appellant.
    for defendant: Adam Cathey, (Law Office of Adam C. Cathey), Ringgold, for appellee. Zenade Blalock, Rossville, Robert Stultz, (Attorney at Law), Ft. Oglethorpe, for other party.
    Case Number: A18A2104

    Estate liable for mortgage debt on a house that passed to a surviving tenant outside of a will

  • Freeman Lomax et al. v. The Kroger Company

    Publication Date: 2019-03-20
    Practice Area: Personal Injury | Premises Liability
    Industry: Real Estate | Retail
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Michael Baskin, (The Baskin Law Group, P.C.), Atlanta, for appellant.
    for defendant: Douglas Wilde, (Attorney at Law), Tyrone, for appellee.
    Case Number: A18A1491

    Evidence Could Support Jury Conclusion That Owner Had Constructive Knowledge of Slip-And-Fall Hazard

  • Abdullah v. Winslow at Eagle's Landing Homeowners Association, Inc.

    Publication Date: 2019-03-19
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Askia Abdullah, McDonough, appellant.
    for defendant: Wesley Dunlap, Ashley Thompson, (Dunlap Gardiner LLP), Hiram, for appellee.
    Case Number: A18A2121

    Court Reverses Trial Court Order Granting Summary Judgment to Homeowners' Association That Fined Resident for Unauthorized Flower Bed in Absence of Contractual Basis for Assessing Fines

  • Stardust, 3007, LLC et al. v. City Of Brookhaven

    Publication Date: 2019-03-19
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Cary Wiggins, (Wiggins Law Group), Atlanta, for appellant.
    for defendant: Bryan Dykes, (Attorney at Law), Chattanooga, Scott Bergthold, (Law Office of Scott D. Bergthold), Chattanooga, for appellee.
    Case Number: A18A1958

    Court Upholds Contempt Orders and Accompanying Daily Fines in Dispute Between City and Sex Toy Store Over Registration as Sex Toy Store

  • Carson, Jr. et al. v. Brown et al.

    Publication Date: 2019-03-19
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Stephen Rothman, Kyler Wise, (Wilson Brock & Irby, LLC), Atlanta, for appellant.
    for defendant: Ken Jarrard, (Jarrard & Davis, LLP), Cumming, for appellee.
    Case Number: A18A1951

    Land developer allowed to move to compel County Board members to issue a land-disturbance permit

  • Morgan County v. May

    Publication Date: 2019-03-15
    Practice Area: Land Use and Planning | Landlord Tenant Law | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: S18A1622

    Property Owner's Use of House For Short-Term Rentals Was Grandfathered Under Prior Void-For-Vagueness Zoning Ordinance

  • Elliott v. The State

    Publication Date: 2019-03-08
    Practice Area: Constitutional Law | Criminal Law
    Industry: Automotive
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Gregory Allen Willis, (Willis Law Firm), Atlanta, Jared Thomas Hall, (Thomas, Webb & Willis LLC), Atlanta, for appellant.
    for defendant: William Washington Fleenor, Ethan Merritt Makin, (Athens-Clarke County Solicitor General's Office), Athens, Kenneth W. Mauldin, (Western Judicial Circuit District Attorney's Office), Athens, for appellee. Daniel J. Sabol, (Luftman, Heck & Associates LLP), Columbus, Donald Timothy Huey, Blaise J. Katter, (Huey Defense Firm), Columbus, for Amicus appellant. Patricia B. Attaway Burton, David Scott McLaughlinm, Paula Khristian Smith, Andrew Alan Pinson, Christopher M. Carr, Jameson B. Bilsborrow, (Department Of Law), Atlanta, for Amicus Appellee. Margaret Ellen Heap, (Office of The District Attorney Eastern Judicial Circuit), Savannah, Joseph Scott Key, (Miller & Key, PA), McDonough, William Aubrey Finch, (Forsyth County Solicitor General's Office), Cumming, David Holmes, (Cherokee County District Attorney's Office), Canton, Samuel Richard d'Entremont, (Gwinnett County District Attorney's Office), Lawrenceville, for Neutral Amicus. Patricia B. Attaway Burton, Ross Warren Bergethon, David Scott McLaughlin, Paula Khristian Smith, Andrew Alan Pinson, Christopher M. Carr, Jameson B. Bilsborrow, (Department Of Law), Atlanta, for Amicus Appellee. Gilbert Alexander Crosby, Peter J. Skandalakis, Robert Wright Smith, Jr., (Prosecuting Attorney's Council of Georgia), Morrow, for Neutral Amicus.
    Case Number: S18A1204

    Under Georgia Constitution, Motorist's Invocation of Right to Refuse Blood Alcohol Test Could Not Be Admitted Against Her at Trial

  • White Horse Partners LLLP et al. v. Monroe County Board of Assessors

    Publication Date: 2019-03-06
    Practice Area: Real Estate | Tax
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Mitchell Graham, (G. Roger Land & Associates), Atlanta, G. Land, (Attorney at Law), Atlanta, for appellant.
    for defendant: Christian Henry, (Hall Booth Smith PC), Athens, for appellee.
    Case Number: A18A1900

    Court denies landowner's challenge to new assessment of land's fair market tax value