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  • Montgomery Cnty., GA v. Hamilton

    Publication Date: 2016-08-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Michael O'Quinn, Jacob O'Neal O'Quinn Cronin LLC, McDonough, and Howard Kaufold, Vidalia, for appellant.
    for defendant: James Roberts Roberts Tate LLC, St. Simons Island, and Thomas Peterson, Vidalia, for appellee.
    Case Number: A16A0541

    The trial court erred in ruling that the county's use of Insurance Premium Tax proceeds to pay the operating costs of certain convenience centers for the purpose of collect

  • Johnson v. Thomas

    Publication Date: 2016-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Rodney Davis, Warner Robins, for appellant.
    for defendant: . Brenda Youmas, Macon, for appellee.
    Case Number: A16A0386

    In a dispute over c property, the trial court properly ruled that a local c s property was held in trust for the parent c

  • Pass v. Forestar GA Real Estate Grp. Inc.

    Publication Date: 2016-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John Baker and Donald Slider Baker Slider LLC, Athens, for appellant.
    for defendant: John Connolly and Douglas Flint Flint, Connolly Walker LLP, Canton, for appellee.
    Case Number: A16A0243

    The trial court erred in granting summary judgment to the plaintiff in its suit to enjoin the defendant from blocking the plaintiff's access to a roadway that ran through the defendant's property, s

  • Zarate-Martinez v. Echemendia

    Publication Date: 2016-07-13
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Beverly B. Bates Bates Baum, Atlanta, for appellant.
    for defendant: Daniel J. Huff, Taylor M. Tribble, and Randolph P. Powell Jr. Huff, Powell Bailey LLC, Atlanta, for appellees.
    Case Number: S15G1446

    The Supreme Court vacated the trial court's dismissal of a medical malpractice complaint based on its finding that the plaintiff failed to comply with the expert affidavit requirement and remanded t

  • Bloom v. Camp

    Publication Date: 2016-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: James Kane and Jill Johnson Chamberlain, Hrdlicka, White, Williams Aughtry, Atlanta, for appellant.
    for defendant: Charles Black Bannister Black, Austell, for appellee.
    Case Number: A16A0066

    There was sufficient evidence to support the jury's verdict against the defendant on the plaintiff's claim for fraudulent tra

  • AgSouth Farm Credit ACA v. Gowen Timber Co. Inc.

    Publication Date: 2016-06-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Robert Mikell and George Rountree Brown Rountree PC, Statesboro, for appellant.
    for defendant: Samantha DiPolito, Mark Johnson, James Hodges, and Theresa Beaton Gilbert, Harrell, Sumerford Martin, Brunswick, for appellee. Other party representation: Brent Savage Savage Turner Pinckney PC, Savannah.
    Case Number: A15A2375

    The trial court erred in denying the plaintiff's motions in limine and for judgment notwithstanding the verdict as to liability in its timber conversion suit, since the plaintiff had not given the d

  • Toyo Tire N. Am. Mfg. Inc. v. Davis

    Publication Date: 2016-06-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Robert Alpert, Jeffrey K. Douglass Morris Manning Martin LLP, Atlanta, and David Archer Archer Lovell PC, Cartersville, for appellant.
    for defendant: Amicus Appellant: Kyle G. A. Wallace, Andrew J. Tuck Alston Bird LLP, Hugh B. McNatt, T. Joshua R. Archer, Malissa A. Kaufold-Wiggins Balch Bingham LLP, Atlanta, Charles W. Whitney Oglethorpe Power Corp., Tucker, and Brian D. Boone Alston Bird LLP, Charlotte, NC. William Akin and S. Lester Tate Akin Tate LLC, Cartersville, for appellees.
    Case Number: S15G1804

    The plaintiffs presented sufficient evidence to survive the dant's motion for summary judgment in their lawsuit asserting claims for trespass, continuing trespass and nuisance arising out of th

  • West Asset Mgmt. Inc. v. NW Parkway LLC

    Publication Date: 2016-06-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: M. Jerome Elmore, Timothy Rigsbee Bondurant, Mixson Elmore, and Michael Caplan Caplan Cobb LLP, Atlanta, for West Asset Mgmt. Inc.. Roy Barnes and John Salter The Barnes Law Group LLC, Marietta, for NW Parkway LLC.
    for defendant:
    Case Number: A15A1830; A15A1831

    The Court partially reversed the trial court's summary judgment rulings in a suit arising out of the alleged breach of a 20-year commercial property lease agre

  • Shiv Aban Inc. v. Georgia Dep't of Transp.

    Publication Date: 2016-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Warren Coppedge, Stephen Michmerhuizen Coppedge Evans PC, and Daniel Laird Laird Litigation LLC, Dalton, for Shiv Aban Inc.. Samuel S. Olens, Attorney General, Mary Volkert, Assistant Attorney General, Anne Sapp, Atlanta, and Henry Tharpe Sponcler Tharpe LLC, Dalton, for Georgia Dep't of Transp..
    for defendant:
    Case Number: A15A2013; A15A2014

    The property owner was entitled to prejudgment interest under O.C.G.A. § 32-3-19 subsection c in addition to the condemnation award, attorney fees and litigation expenses based on the Department of

  • Merrill Ranch Props. LLC v. Austell

    Publication Date: 2016-05-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: William Custer, Jennifer Dempsey, Laura Williams Bryan Cave LLP, Atlanta, and Ryan Hendley Reynolds Reynolds Duncan LLC, Tuscaloosa, AL, for appellant.
    for defendant: John Christy Schreeder, Wheeler Flint, Atlanta, Aaron Chausmer Hecht Walker PC, Stockbridge, and Robert Spears Thomerson, Spears Robl LLC, Decatur, for appellees.
    Case Number: A15A2313

    The plaintiff lacked standing under the Uniform Fraudulent Transfers Act to set aside transfers non-judgment debtors made following the entry of a judgment in favor of the plaintiff on a loan de