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  • City of Winder v. Barrow County

    Publication Date: 2025-01-08
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A22A0834

    Court Vacates Its Prior Opinion and Adopts Supreme Court Decision in a Dispute Between a City and a County Over Authority to Impose Special Assessments for Public Services

  • Progressive Mountain Insurance Company v. Vining

    Publication Date: 2024-12-16
    Practice Area: Contractual Disputes | Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Jason Darneille, John Wooten, (Gower Wooten & Darneille, LLC), Atlanta, for appellant.
    for defendant: Charles Cork, Steven Jackson, (Attorney at Law), Atlanta, for appellee; Daniel Prout, (Waldon Adelman Castilla McNamara & Prout), Atlanta, Jackson Palmer, (Levy Pruett Carter), Decatur, for other party.
    Case Number: A24A1023

    Trial Court Failed to Determine Whether Insured Person's Lengthy Delay in Notifying Insurance Company of Claim Was Justified

  • Northside Hospital, Inc. v. Northeast Georgia Medical Center, Inc. et al.

    Publication Date: 2024-12-10
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Robert Rozier, Sanford Moore, Charlotte Combre, (Baker & Hostetler LLP), Atlanta, Roger Hatcher, Matthew Smith, (Smith, Gilliam, Williams & Miles, P.A.), Gainesville, Robert Highsmith, (Highsmith V. Highsmith), Baxley, Robert Highsmith, (Holland & Knight LLP), Atlanta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellant.
    for defendant: Armando Basarrate, David Darden, Jameson Bilsborrow, (Parker, Hudson, Rainer & Dobbs LLP), Atlanta, Thomas Cole, (Welchel, Dunlap, Jarrard & Walker, LLP), Gainesville, for appellee; Christopher Carr, Margaret Eckrote, Charles Thimmesch, (Office of the Attorney General), Atlanta, Stacey Hillock, Daniel Walsh, (Department of Law, State of Georgia), Atlanta, for other party.
    Case Number: A22A1081

    Court remands Certificate of Need decision in a challenge brought by competing health care centers and directs Department of Community Health to apply the proper standard

  • Premier Pediatric Providers, LLC v. Kennesaw Pediatrics, P. C.

    Publication Date: 2024-12-09
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Steven Hall, (Baker Donelson Bearman Caldwell & Berkowitz), for appellant.
    for defendant: David Michell, James Sherman, (Stanley, Esrey & Buckley, LLP), Atlanta, for appellee.
    Case Number: A24A0857

    Claim of Scrivener's Error No Defense to Assertion of Membership Right Where Contract Was Clear and Unambiguous

  • Tussahaw Reserves, LLC et al. v. Butts County

    Publication Date: 2024-12-06
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Jeffrey Haymore, Julie Sellers, (Dillard Sellers LLC), Atlanta, Leland Kynes, (Webb Deniel Friedlander LLP), Atlanta, for appellant.
    for defendant: Brandon Bowen, (Jenkins, Bowen & Walker, P.C.), Cartersville, Ken Jarrard, (Jarrard & Davis, LLP), Cumming, Benjamin Vaughn, (Benjamin A. Vaughn, P.C.), Forsyth, for appellee; David Marmins, (Arnall Golden Gregory LLP), Atlanta, Newton Galloway, (Galloway & Lyndall, LLP), Griffin, for other party.
    Case Number: A24A0851

    Court affirms dismissal of rezoning challenge and enforces Constitutional sovereign immunity exclusivity because challengers had filed a single action against a county and individuals

  • Law Journal Press | Digital Book

    Lancaster County & Berks County Court Rules 2024

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  • Smith v. Blackhall Real Estate, LLC et al.

    Publication Date: 2024-11-29
    Practice Area: Dispute Resolution | Employment Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Jeffrey Holm, (Blaska Holm LLC), Atlanta, for appellant.
    for defendant: Mark Trigg, (Dentons US LLP), Atlanta, Maxwell Jonesl (Fellows LaBriola LLP), Atlanta, for appellee.
    Case Number: A24A1144

    Court affirms arbitration award in an employment dispute between an attorney and the entity that hired him as in-house counsel

  • Diaz v. Thweatt et al.

    Publication Date: 2024-11-28
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Andrew Curtright, (Downey & Cleveland, LLP), Marietta, for appellant.
    for defendant: James Neuberger, (Neuberger Law, LLC), Atlanta, for appellee.
    Case Number: A24A1062

    Court enforces settlement in a motor vehicle accident case, finding that insurer's response to the injured parties' counteroffer met the legal requirements for acceptance under OCGA § 9-11-67.1

  • Cupp et al. v. Archer et al.

    Publication Date: 2024-10-24
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Albert Myers, (AL Myers Law, LLC), Decatur, Richard Evins, (The Evins Law Firm LLC), Greenville, for appellant.
    for defendant: Tammy Archer, Michael Cupp, Griffin, C. Fallon, (Fallon Law PC), Atlanta, for appellee.
    Case Number: A24A0983

    Court vacates default judgment in a residential construction dispute due to invalid service by publication

  • City of Milton v. Chang et al.

    Publication Date: 2024-10-11
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Joseph Key, (J. Scott Key, LLC), Madison, for appellant.
    for defendant: Naveen Ramachandrappa, (Bondurant, Mixson & Elmore LLP), Atlanta, Christopher Simon, Tyler Bridgers, (The Simon Law Frim PC), Atlanta, Jed Manton, (Harris Lowry Manton LLP), Atlanta, Madeline McNeeley, (Harris Lowry Manton LLP), Brookhaven, for appellee.
    Case Number: A24A0802

    Court affirms $30 million verdict against the City of Milton in fatal accident case, rejecting City's claims of sovereign immunity, and orders pre-judgment interest and nunc pro tunc judgment

  • Sobowale v. Smith et al.

    Publication Date: 2024-09-26
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Randolph Powell, Alexander Vey, (Huff Powell & Bailey), Atlanta, for appellant.
    for defendant: Jeffery Arnold, H. Stafford, (Attorney at Law), Hinesville, Andrew Johnson, (Arnold & Stafford), Hinesville, Gary Toman, (Weinberg Wheeler Hudgins Gunn & Dial, LLC), Atlanta, for appellee.
    Case Number: A24A0694

    Court affirms negligence and wrongful death jury verdict against two defendants and verifies venue despite settlement with a third defendant that remained in the case solely for venue