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  • Charles Drain v. Peter Lee

    Publication Date: 2019-05-23
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Herald Alexander, (Alexander Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Thomas Lavender, Andrew King, (FisherBroyles, LLP), Atlanta, for appellee.
    Case Number: A19A0607

    Court Dismisses Appeal by Husband of Judgment Debtor Who Sought Immediate Review of Order Compelling Him to Participate in Post-Judgment Discovery Process

  • Ryan Andrew Mullins v. The State

    Publication Date: 2019-05-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Kevin Gough, (Attorney at Law), Brunswick, for appellant.
    for defendant: George Barnhill, (Assistant District Attorney), Waycross, for appellee.
    Case Number: A19A0345

    Court Reverses Trial Court Order Dismissing Motion to Withdraw Guilty Plea as Untimely Where Trial Court Based Ruling on Date Sentence Was Pronounced but Sentence Was Filed by Clerk in Subsequent Term

  • Harrell v. The State

    Publication Date: 2019-05-16
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: David Harrell, (Augusta Transitional Center), Augusta, for appellant.
    for defendant: Dawn Baskin, (District Attorney, Ocmulgee Judicial Circuit), Gray, Stephen Bradley, (District Attorney, Ocmulgee Judicial Circuit), Milledgeville, for appellee.
    Case Number: A17A1464

    Only one conviction allowed for firearms possession when multiple firearms are found at a crime scene.

  • Hillman v. ALDI, Inc.

    Publication Date: 2019-05-10
    Practice Area: Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Gilbert Taylor, (Attorney at Law), Norcross, For Appellant.
    for defendant: Steven Henry, Dorothy Cornwell, (Smith Moore Leatherwood, LLP), Atlanta, For Appellee.
    Case Number: A18A1672

    Court affirms rejection of negligence claims against premises owner

  • Executive Cars, LLC v. Western Funding, II, Inc.

    Publication Date: 2019-05-08
    Practice Area: Creditors' and Debtors' Rights | Criminal Law
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Kermit Dorough, (Kermit S. Dorough, Jr., LLC), Albany, for appellant.
    for defendant: Benjamin Rachelson, (Rachelson & White), Atlanta, for appellee.
    Case Number: A18A2076

    Good Faith Purchaser Could Not Take Title to Stolen Car

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Georgia Home Appraisers, Inc. v. Trintec Portfolio Services, LLC

    Publication Date: 2019-05-01
    Practice Area: Creditors' and Debtors' Rights | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: James Blum, (Blum & Campbell, LLC), Peachtree Corners, for appellant.
    for defendant: John Clark, Tahra Porterfield, (Clark Caskey, LLC), Atlanta, for appellee.
    Case Number: A18A1500

    Court Rejects Appeal from Dismal of Quite Title Action by Buyer Whose Purchase Was Set Aside After Foreclosing Party Revealed Failure to Notify Necessary Parties of Sale Where Court Found Purchaser Lacked Interest in Property to Support Standing

  • Taylor v. The State

    Publication Date: 2019-04-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Jennifer Arndt, (Assistant Public Defender), Covington, Priscilla Cooper, (Attorney At Law), Covington, for appellant.
    for defendant: Layla Zon, Binford Bramblett, (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A18A2006

    Conviction For Obstructing Law Enforcement Officer Not Supported by Evidence Defendant Refused to Comply With Officer's Request

  • Suntrust Bank v. Bickerstaff

    Publication Date: 2019-04-11
    Practice Area: Banking and Finance Laws | Civil Procedure | Class Actions
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Lindsey Mann, (Attorney at Law), Atlanta, Jaime Theriot, William Withrow, (Troutman Sanders LLP), Atlanta, Richard Sinkfield, William Withrow, Michael Eber, Katherine D'Ambrosio, (Rogers & Hardin LLP), Atlanta, for appellant.
    for defendant: Jason Carter, Steven Rosenwasser, Michael Terry, Joshua Thorpe, (Bondurant, Mixson & Elmore, LLP), Atlanta, Prof. C. Ellington, (Attorney At Law), Athens, James Finley, MaryBeth Gibson, (The Finley Firm, P.C.), Atlanta, for appellee.
    Case Number: A18A1519

    Class Action Appropriate For Litigating Issue Whether Bank's Overdraft Fees Violated Usury Laws

  • City of Albany v. GA HY Imports, LLC d/b/a Autonation Hyundai-Albany

    Publication Date: 2019-03-27
    Practice Area: Civil Procedure
    Industry: Automotive | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Dana Maine, Matthew Weiss, (Freeman Mathis & Gary), Atlanta, for appellant.
    for defendant: John Hawkins, Joseph Minock, (Weingberg Wheeler Hudgins Gunn & Dial, LLC), Atlanta, for appellee.
    Case Number: A18A1806

    Court Reverse Trial Court Order Denying Judgment on the Pleadings to City Facing Suit from Auto Dealer Over Floodwater Damage That Failed to Provide Timely, Proper Notice of Claims to City

  • The State v. Banks

    Publication Date: 2019-03-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Keith Gammage, (Fulton County Solicitor General), Atlanta, Kenneth Kondritzer, (Attorney at Law), Atlanta, for appellant.
    for defendant: Shofaetiyah Watson, (The Watson Law Firm LLC), Atlanta, for appellee.
    Case Number: A18A1727

    Court Affirms in Part and Reverses in Part Order Dismissing 26 Misdemeanor Cases for Want of Prosecution Where State Failed to Produce Witness Lists, Holding That Trial Court Could Dismiss Only to the Extent the Dismissals Were Without Prejudice