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  • Milani v. Irwin et al.

    Publication Date: 2020-04-20
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Mark Adelman, (Mark Adelman, Attorney At Law, LLC), Savannah, for appellant.
    for defendant: Donald Stack, Tyler Sniff, (Stack & Associates, P.C.), Atlanta, for appellee. John Jones, (Assistant County Attorney), Decatur, for other party.
    Case Number: A19A1981

    Court affirms decision granting a motion to sustain a writ of certiorari over challenges to a land development and tree replanting order

  • Mullinax et al v. Pilgrim's Pride Corporation

    Publication Date: 2020-04-17
    Practice Area: Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Anna Cross, Darren Summerville, Maxwell Thelen, (The Summerville Firm, LLC), Atlanta, Peter Law Elizabeth Rose, (Law & Moran), Atlanta, for appellant.
    for defendant: Jason Darneille, John Wooten, (Gower Wooten & Darneille, LLC), Atlanta, for appellee. Derek Mendicino, (Penna & Mendicino), Conyers, Jacob Daly, (Freeman, Mathis & Gary, LLP), Atlanta, for other party.
    Case Number: A19A1899

    Court affirms summary judgment as to one defendant but reverses as to two other defendants in a wrongful death case

  • Holcomb Investments Limited v. Keith Hardware, Inc. et al.

    Publication Date: 2020-04-16
    Practice Area: Business Torts | Toxic Torts
    Industry: Real Estate | Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Nicholas Protentis, (Protentis Law LLC), Atlanta, Eric Miller, (Miller Bonham LLP), Atlanta, for appellant.
    for defendant: Jason Darneille, (Gower Wooten & Darneille, LLC), Atlanta, John Hal, David Williams, (Hall Booth Smith, P.C.), Atlanta, for appellee.
    Case Number: A19A2422

    Triable Issue as to Whether Store Employee Should Have Taken Precautions Upon Noticing "god awful" Chemical Smell

  • Lynn v. Lowndes County Health Services, LLC

    Publication Date: 2020-04-15
    Practice Area: Dispute Resolution | Government | Medical Malpractice
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Christopher Connor, (Connor & Connor LLC), Augusta, Kenneth Connor, Anne Moore, (Connor & Connor LLC), Aiken, Scott Gwartney, (Brooks Leboeuf Foster Gwartney Leace & Hobbs), Tallahassee, for appellant.
    for defendant: Alphonso Howell, Gregory Talley, (Coleman Talley LLP), Valdosta, for appellee.
    Case Number: A19A2057

    Parent Lacked Authority to Enter Into Arbitration Agreement on Behalf of Her Disabled Son

  • Phillips v. The State

    Publication Date: 2020-04-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: David Walker, (Office of the Appellate Defender), Macon, for appellant.
    for defendant: Jacquelyn Johnson, Thomas Buscemi, (District Attorney's Office, Brunswick Judicial Circuit), Brunswick, for appellee.
    Case Number: A19A2458

    Court Reverses Convictions Absent Evidence That Act of Indecency or Child Molestation Was Intended Motivation Behind Defendant's Attempts to Entice Victims Into Vehicle

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Nix v. The State

    Publication Date: 2020-03-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Howard Anderson, (Law Office of Howard W. Anderson, III, LLC), Pendleton, for appellant.
    for defendant: George Christian, (District Attorney's Office), Clayton, Meredith Davis, (Habersham County District Attorney's Office), Clarkesville, for appellee.
    Case Number: A19A2377

    Evidence Supported Child Molestation Convictions; Jury Could Reasonably Find That Defendant Possessed Flash Drive Containing Child Porn

  • Rouse v. City of Atlanta

    Publication Date: 2020-03-06
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: James Blum, (Blum & Campbell, LLC), Peachtree Corners, for appellant.
    for defendant: Jason Wright, Donavan Eason, (Lewis Brisbois Bisgaard & Smith, LLP), Atlanta, for appellee.
    Case Number: A19A1737

    Court reverses summary judgment motion that had been entered in the City's favor on a land devaluation claim over a submerged sewage pipe.

  • Brown v. The State

    Publication Date: 2020-03-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Watson Brown, Abbeville, for appellant.
    for defendant: Jacquelyn Johnson, Thomas Buscemi, (District Attorney's Office, Brunswick Judicial Circuit), Brunswick, appellee.
    Case Number: A19A2048

    Trial Court's Failure to Impose Mandatory Fine Did Not Support Contention That Prison Sentence Was Void

  • Spikes v. The State

    Publication Date: 2020-02-07
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jad Johnson, (Office of the Public Defender), Lafayette, appellant.
    for defendant: Christopher Arnt, Herbert Franklin, (Assistant District Attorney), LaFayette, for appellee.
    Case Number: A19A1706

    Court reverses rape and child molestation convictions because trial court improperly ordered total closure of trial during the victim's testimony

  • Robinson v. The State

    Publication Date: 2020-02-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Stanley Schoolcraft, (Circuit Public Defender's Office), McDonough, for appellant.
    for defendant: Benjamin Coker, (District Attorney), Thomaston, Elizabeth Kendrick, (Griffin Circuit Superior Court), Griffin, Kathryn Lenhard, (Assistant District Attorney Spalding County Courthouse), Griffin, for appellee.
    Case Number: A19A1675

    Court affirms kidnapping conviction and life sentence over defendant's objections to the form of the jury verdict and the State's alleged "golden rule" statement.