• Canales v. The State

    Publication Date: 2021-07-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Lynn Kleinrock, (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Patsy Austin-Gatson, Daniel Porter, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, Daniel Sanmiguel, (Forsyth County Solicitor's Office Forsyth County Solicitor General's Office), Cumming, for appellee.

    Case Number: A21A0272

    Trial Court Imposed LWOP Sentence Without Statement of Aggravating Circumstances Required in Applicable Statute

  • American Southern Insurance Company v. SPN Trans, LLC. et al.

    Publication Date: 2021-06-30
    Practice Area: Insurance Litigation
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Denise Spitalnick, Samuel Sykes, John Easley, (Hall Booth Smith, P.C.), Atlanta, for appellant.
    for defendant: David Wood, (David H. Wood, P.C.), Atlanta, Daniel Gholston, Barry Zimmerman, (Zimmerman & Associates), Norcross, for appellee.

    Case Number: A21A0174

    Court affirms that an insurance carrier is liable to provide policy coverage for an accident that occurred while a truck was being used for non-trucking purposes

  • Dashtpeyma v. Walker et al.

    Publication Date: 2021-06-29
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Hassan Dashtpeyma, Marietta, for appellant.
    for defendant: Dana Maine, (Freeman Mathis & Gary), Atlanta, for appellee.

    Case Number: A21A0631

    Res Judicata Precluded New Action Based on Same Facts and Relating to Same Parties Involved in Earlier, Resolved Action

  • Reynaud v. Five Oaks Development, Inc.

    Publication Date: 2021-06-28
    Practice Area: Bankruptcy
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Larry Oldham, (Larry C. Oldham, P.C.), Cumming, for appellant.
    for defendant: Carol Clark, (Carol Clark Law), Atlanta, for appellee.

    Case Number: A21A0321

    Court Must Use Two-Part Test to Find Whether Judicial Estoppel Applies to Claims Based on Alleged Inconsistent Representations Made in Prior Bankruptcy Proceeding

  • Yakob et al. v. Kidist Mariam Ethiopian Orthodox Tewahedo Church, Inc

    Publication Date: 2021-04-21
    Practice Area: Corporate Governance | Employment Litigation
    Industry: Non-Profit
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: John Hinton, (Baker, Donelson, Bearman Caldwell & Berkowitz, PC), Atlanta, Forrest Norman, (Dickie, McCamey, Chilcote, PC), Cleveland, for appellant.
    for defendant: Kyle Baker, John Richard, Sean Smith, (Taylor English Duma LLP), Atlanta, for appellee. George Koenig, (Koenig Law Group, P.C.), Atlanta, for other party.

    Case Number: A20A1696

    Court reverses one interlocutory order and affirms another in a dispute between a Church and an Archbishop that the Church sought to terminate

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  • Forsyth County Georgia et al. v. Mommies Properties LLC

    Publication Date: 2021-04-16
    Practice Area: Land Use and Planning
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Paul Frickey, Ken Jarrard, (Jarrard & Davis, LLP), Cumming, for appellant.
    for defendant: James Teague, (Attorney at Law), Cumming, Larry Oldham, (Larry C. Oldham, P.C.), Cumming, Keisha Martin Chambless, (Teague & Chambless), Cumming, for appellee. John Neville, (Neville & Cunat, LLP), Cumming, for other party.

    Case Number: A20A1810

    Court rules in favor of a County in land use and building permit appeals, finding that superior court improperly dismissed evidence that favored the County

  • Cooper v. Kana Hotels, Inc.

    Publication Date: 2021-04-16
    Practice Area: Civil Procedure | Premises Liability
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Benjamin Bengtson, (The Law Firm of Benjamin O. Bengtson), Atlanta, for appellant.
    for defendant: Robert Casey, (Casey Gilson P.C.), Atlanta, April Rich, Tetyana Beschastna, (Attorney at Law), Atlanta, Glenn Tornillo, (Cruser Mitchell Novitz Sanchez Gaston & Zimet LLP), Atlanta, for appellee.

    Case Number: A20A1778

    Court affirms summary judgment in a renewal complaint against a hotel management entity in a slip and fall action over failure to meet statute of limitations

  • Zerbarini v. The State

    Publication Date: 2021-04-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Elizabeth Baker, Daniel Hiatt, (Griffin Circuit District Attorney's Office Fayette County Justice Center, One Center Drive), Fayetteville, Benjamin Coker, (District Attorney), Thomaston, Marie Broder, (Spalding County District Attorney's Office), Griffin, Robert Smith, (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.

    Case Number: A20A1711

    Court affirms convictions for aggravated child molestation and related crimes over defendant's claims of trial court error and ineffective assistance of counsel

  • Naffis v. Tzavaras

    Publication Date: 2021-03-25
    Practice Area: Creditors' and Debtors' Rights
    Industry: Investments and Investment Advisory
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Alexander Levorse, (Attorney at Law), Atlanta, for appellant.
    for defendant: Cary Ichter, (Attorney at Law), Atlanta, William Davis, (Ichter Davis, LLC), Atlanta, for appellee.

    Case Number: A20A1970

    Court reverses summary judgment order in a promissory note claim because issues of fact precluded a conclusion that the consideration for the note was illegal

  • Childers v. The State

    Publication Date: 2021-03-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Cory DeBord, (Roach, Caudill & Frost, LLP), Canton, for appellant.
    for defendant: Kristen Roch, Carlton Hayes, David McElyea, Gabrielle Molinary, (Cherokee County Solicitor General Office), Canton, for appellee.

    Case Number: A20A1626

    Court affirms conviction for selling a vapor product to minors over defendant's challenge to certain evidence and contentions of insufficient evidence