Filter This View

  • Black et al. v. Nationstar Mortgage LLC. et al.

    Publication Date: 2018-01-25
    Practice Area: Civil Procedure | Contracts | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Martin Fierman (Attorney at Law), Madison, for appellant.
    for defendant: Steven Flynn, Kimberly Wright, Jennifer McCall, Jimmy Howell (McCalla Raymer Leibert Pierce LLC), Roswell, for appellee.
    Case Number: A17A1587

    The trial court properly granted summary judgment to mortgage companies on their complaint for declaratory judgment and equitable reformation, in which they sought to reverse a foreclosure, void the related deed under power and special warranty deed and reinstate the modified security deed to a first priority position.

  • MacMaster v. The State

    Publication Date: 2018-01-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Rafe Banks (Banks, Stubbs & McFarland, LLP), Cumming, for appellant.
    for defendant: William Finch (Solicitor General of Forsyth County), Cumming; Caroline Yi (Forsyth County Solicitor's Office), Cumming, for appellee.
    Case Number: A17A2083

    The trial court properly denied DUI defendant's motion in limine to exclude the admission of the results of the State-administered breath test, any evidence of her consent to the State-administered breath test and her refusal to take the Alco-Sensor test.

  • Adams v. The State

    Publication Date: 2018-01-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Samuel Sliger (McDonald & Cody, LLC), Cornelia, for appellant.
    for defendant: Stephanie Woodard (Solicitor General), Gainesville; Michael George (Hall County Solicitor General's Office), Gainesville, for appellee.
    Case Number: A17A1977

    In defendant's DUI trial, the trial court did not err in allowing State to introduce evidence of defendant's prior DUI arrest and evidence of an administrative license suspension stipulation in which the arresting officer and defense counsel agreed that defendant would enter a guilty plea to a DUI charge in the criminal case in exchange for the officer withdrawing his sworn report and suspending the license suspension proceeding.

  • In The Interest Of M. I., a child.

    Publication Date: 2018-01-08
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Laurie Thomas (Attorney at Law), Savannah, for appellant.
    for defendant: Calandra Harps (Assistant Attorney General), Atlanta; Christopher Carr (Attorney General), Shalen Nelson (Senior Assistant Attorney General), Atlanta; Jerry Thacker (Attorney at Law), Conyers, for appellee. Erica Wilson (The Law Office of Erica Wilson), Atlanta, for other party.
    Case Number: A17A2000

    In a child dependency proceeding, the trial court erred in denying child's motion for new trial without conducting a hearing and the Court thus vacated the judgment finding that there was not probable cause to believe the child was dependent and remanded for the trial court to conduct a hearing on the motion.

  • Quigg v. Georgia Professional Standards Commission

    Publication Date: 2018-01-08
    Practice Area: Administrative Law | Education Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jerry Lumley, Sarah Harper (Lumley & Harper, LLC), Macon, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Rebecca Mick (Assistant Attorney General), Atlanta; Jennifer Colangelo (Office of the Attorney General), Atlanta, for appellee.
    Case Number: A17A1885

    The Court partially reversed the superior courts order affirming the final decision of the Georgia Professional Standards Commission to suspend an educators teaching certificate for 60 days based on three alleged ethical violations.

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

    View this Book

    View more book results for the query "*"

  • Schumacher et al. v. City Of Roswell et al.

    Publication Date: 2018-01-05
    Practice Area: Civil Appeals | Land Use and Planning
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: John Monroe (Attorney at Law), Roswell, for appellant.
    for defendant: Coleen Hosack (Attorney at Law), Forest Park; Dana Maine (Freeman Mathis & Gary), Atlanta, for appellee.
    Case Number: A16A0582

    The trial court properly dismissed plaintiffs' procedural due process claims in their action challenging City's approval of a new zoning ordinance and map that rezoned their respective properties because Georgias Zoning Procedures Law provided plaintiffs with an adequate state remedy to cure alleged procedural irregularities in Citys adoption of the new zoning ordinance.

  • Wingler et al. v. White et al.

    Publication Date: 2017-12-18
    Practice Area: Government | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: William Lanham, Clark McGehee (Johnson & Ward), Atlanta, for appellant.
    for defendant: Derrick Bingham, Melissa Reading, W. Jones (Owen, Gleaton, Egan, Jones & Sweeney, LLP), Atlanta; Adam Ford (Page Law LLC), Marietta, for appellee.
    Case Number: A17A1549

    The trial court erred in granting summary judgment to sheriff in plaintiffs' suit arising after they were injured when a suspect who was fleeing law enforcement crashed a vehicle into their car because, construing the evidence in favor of plaintiffs, genuine issues of material fact existed as to whether sheriff's deputies acted with reckless disregard for proper law enforcement procedures in continuing the high-speed chase.

  • Gloria Silva v. Liberty Mutual Fire Insurance Company

    Publication Date: 2017-12-04
    Practice Area: Insurance Law | Insurance Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Frederick Massey (Hicks, Massey & Gardner, LLP), Winder, for appellant.
    for defendant: Jonathan Jones (Attorneys at Law), Marietta, for appellee. ShaMiracle Johnson (Law Office of James C. McLaughlin), Atlanta, for other party.
    Case Number: A17A1503

    The trial court properly granted insurer's motion for summary judgment on insured's uninsured/underinsured motorist claim because insured failed as a matter of law to provide insurer with prompt notice of the underlying automobile collision and her personal injury suit against a third party as required for coverage under the terms of her insurance policy.

  • H&E Innnovation, LLC et al. v. Shinhan Bank America, Inc.

    Publication Date: 2017-12-01
    Practice Area: Contracts
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Grace Tillman, Richard Wayne (Richard C. Wayne & Associates, P.C.), Atlanta, for appellant.
    for defendant: Mitchell Rosen, Christopher Hoffman (Kitchens Kelley Gaynes, P.C.), Atlanta, for appellee.
    Case Number: A17A2138

    The trial court erred in denying defendants' motion to enforce a settlement agreement because the rules of contract construction and the uncontroverted parol evidence resolved the ambiguity in the agreement in favor of defendants.

  • Robles et al. v. Yugueros et al.

    Publication Date: 2017-11-27
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Brent Kaplan (Isenberg & Hewitt, PC), Atlanta, for appellant.
    for defendant: Michael Bailey, Erica Jansen (Huff, Powell & Bailey, LLC), Atlanta; Thomas Carlock (Carlock, Copeland & Stair), Atlanta; Wayne McGrew (Weathington McGrew), Atlanta; Neil Edwards (Attorney at Law), Atlanta, for appellee.
    Case Number: A15A1566

    The Court affirmed the trial court's decision to exclude certain deposition testimony the medical malpractice plaintiff sought to admit as an admission against interest, because plaintiff failed to meet his burden of proving that the evidence was admissible.