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  • Bennett v. McPhatter

    Publication Date: 2021-07-13
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Steven Bristol, Mary Boone, Timothy Bishop, (Hall Booth Smith, PC), Brunswick, for appellant.
    for defendant: David Eichholz, Kathryn Sherry, (The Eichholz Law Firm), Savannah, for appellee. Brenda Daughtry, Savannah, for other party.
    Case Number: A21A0270

    Title: Court reverses denial of landlord's summary judgment motion in a premises liability action where the landlord had no actual or constructive knowledge of a defect

  • Shadow v. Federal Express Corporation et al.

    Publication Date: 2021-07-08
    Practice Area: Personal Injury
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Melvin Hewitt, Hilary Hunter, Richard Crowson, (Isenberg & Hewitt PC), Atlanta, for appellant.
    for defendant: Christopher Byrd, Frederick Sager, Stephen Mooney, (Weinberg, Wheeler, Hudgins, Gunn & Dial), Atlanta, for appellee. Jerry Landers, (Attorney at Law), Marietta, for Amicus Appellant.
    Case Number: A21A0072

    Court affirms summary judgment for Federal Express in a negligence action filed by an employee injured in a mass shooting at a FedEx facility

  • Shannon v. Hatch

    Publication Date: 2021-07-08
    Practice Area: Court Administration | Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Stuart Bagley, (Attorney at Law), Atlanta, for appellant.
    for defendant: Sean Hynes, (Downey & Cleveland, LLP), Marietta, for appellee.
    Case Number: A21A0577

    Trial Court's Final Judgment Against Party Who Failed to Appeal For Trial Constituted Nonamendable Defect on Record

  • McMurria v. The State

    Publication Date: 2021-06-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Lon Kemeness, (Law Office of Lon P. Kemeness), Tifton, for appellant.
    for defendant: Clifford Bowden, Jennifer Hart, (Assistant District Attorney), Tifton, Bryce Johnson, (Solicitor General), Sylvester, for appellee.
    Case Number: A21A0193

    Court affirms child molestation conviction over defendant's challenge to sufficiency of evidence and contentions of ineffective assistance of trial counsel

  • Hillcrest Foods, Inc. v. Mikeals

    Publication Date: 2021-06-15
    Practice Area: Dispute Resolution
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Walter Bibbins, Brittanie Browning, (Hall Booth Smith, P.C.), Atlanta, for appellant.
    for defendant: Andrew Rogers, William D'Antignac, Gilbert Deitch, Kara Phillips, (Deitch & Rogers, LLC), Atlanta, Thomas Ashenden, (Ashenden & Associates, P.C.), Atlanta, Naveen Ramachandrappa, (Bondurant, Mixson & Elmore LLP), Atlanta, for appellee.
    Case Number: A21A0126

    Court dismisses appellant's appeal to its petition to stay or consolidate arbitration proceedings, finding it had no jurisdiction to hear an appeal

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  • Ross-Stubblefield et al. v. Weakland et al.

    Publication Date: 2021-06-15
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Jennifer Kurle, Steven Justus, (KurleLaw, LLC), Decatur, Paul Hotchkiss, Maggie Stewart, (Hotchkiss Law Firm LLC), Atlanta, for appellant.
    for defendant: Vera Stock, Jonathan Peters, (Peters & Monyak, LLP), Atlanta, Margaret Dobes, (Huff Powell & Bailey LLC), Atlanta, for appellee.
    Case Number: A21A0053

    Court affirms jury verdict for a doctor in a malpractice case, noting that admission of altered medical records had no bearing on the applicable standard of care

  • Edvalson v. The State

    Publication Date: 2021-06-04
    Practice Area: Civil Rights
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Jess Johnson, Page Pate, (Pate & Johnson, LLC), Atlanta, for appellant.
    for defendant: Patsy Austin-Gatson, Christopher George, Daniel Porter, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A19A0442

    Court vacates its earlier opinion and remands for resentencing, with merging of eleven convictions for possession of child pornography into a single conviction.

  • Mancuso v. Jackson

    Publication Date: 2021-06-03
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Peter Mancuso, Conyers, for appellant.
    for defendant: Tangela Richmond, Marietta, Ethan Pham, (Nguyen & Pham LLC), Norcross, for appellee.
    Case Number: A21A0629

    Party Claiming Excess Funds from Property Tax Sale Not Entitled to Jury Trial

  • Crippen & Lawrence Investment Company, Inc. v. A Tract of Land Being Known As 444 Lemon Street, Marietta Cobb County, Georgia et al.

    Publication Date: 2021-05-03
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: John Coleman, (Coleman Law, LLC), Atlanta, for appellant.
    for defendant: Reginald Snyder, (Dye Snyder, LLP), Atlanta, Kevin Dixon, Acworth, for appellee. Frederic Beloin, (Beloin, Brown & Blum, LLC), Atlanta, for other party.
    Case Number: A19A0463

    Court remands a quiet title petition for trial court to determine if an executor assented to a transfer of property to an heir that later sold it in a non-judicial tax sale

  • Green v. The State

    Publication Date: 2021-04-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Carolyn Moses, (Houston County Public Defender's Office), Perry, for appellant.
    for defendant: Daniel Bibler, George Hartwig, Alicia Gassett, (Houston County Superior Court), Perry, for appellee.
    Case Number: A20A1675

    Court affirms convictions for rape, incest, and aggravated child molestation over defendant's contentions of trial court error and ineffective assistance of counsel