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  • The State v. Caldwell

    Publication Date: 2024-08-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Susan Treadaway, (Chief Assistant District Attorney Cobb Judicial Circuit), Marietta, Cliff Head, (Assistant District Attorney Blue Ridge Judicial Circuit), Canton, Kelly Nugent-Chavis, (Cherokee County District Attorney’s Office), Canton, for appellant.
    for defendant: Philip Price, Jenny Rose, (Price Law Group), Canton, for appellee.
    Case Number: A24A0037

    Court affirms suppression of evidence in traffic stop case, citing unlawful prolongation of detention

  • Murray et al. v. Lexington Park of Fulton County Community Association, Inc.

    Publication Date: 2024-08-14
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Marvin Arrington, (Attorney at Law), Atlanta, for appellant.
    for defendant: Brian Gardiner, (Dunlap Gardiner LLP), Douglasville, Wesley Dunlap, Evan Barnard, (Dunlap Gardiner LLP), Hiram, for appellee.
    Case Number: A24A0158

    Court affirms dismissal of homeowners' complaint against a homeowners' association because their lawsuit should have been filed as a derivative claim and not as direct claims by the homeowners

  • AMG, LLC v. Georgia Department of Transportation

    Publication Date: 2024-08-05
    Practice Area: Administrative Law
    Industry: Advertising
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Robert Tifverman, (Robert T. Tifverman, LLC), Savannah, Esther Rogers, Savannah, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Helen O’Leary, Amy Patterson, (Georgia Department of Transportation), Atlanta, Denise Weiner, Pearson Cunningham, (Hall Booth Smith), Atlanta, for appellee.
    Case Number: A24A0376

    Court affirms DOT's denial of AMG's application for a permit to convert an existing billboard into a multiple message sign, which sign was prohibited by OCGA § 32-6-75 (c) (1) (C)

  • Vourvoulias et al. v. Cash

    Publication Date: 2024-08-05
    Practice Area: Damages | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Halsey Knapp, Christopher Adams, (Krevolin Horst, Inc.), Atlanta, for appellant.
    for defendant: Warner Hodges, Cumming, for appellee; John Neville, (Neville Law, LLC), Cumming, for other party.
    Case Number: A24A0285

    Court affirms denial of attorney fees in property dispute case where petitioner sought equitable relief but nor money damages, clarifying the application of OCGA § 9-11-68

  • Shriver v. The State

    Publication Date: 2024-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Warnock, (Mitchell Warnock, LLC), Dublin, for appellant.
    for defendant: Louie Fraser, Grady Cullens, (Dublin Judicial Circuit District Attorney’s Office), Dublin, for appellee.
    Case Number: A24A0068

    Court affirms denial of motion to dismiss for alleged speedy trial violation, finding that the four-factor Barker-Doggett balancing test did not justify dismissal of an indictment

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Gelin v. Welch

    Publication Date: 2024-06-10
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Christopher McCormick, (The McCormick Firm, P.C.), Atlanta, for appellant.
    for defendant: David Conley, Stephen Steele, (Moore Ingram Johnson & Steele, LLP), Marietta, for appellee; Darrell Caudill, (Roach Caudill & Gunn LLP), Canton, Robert Abbott, Heather Logan, (Abbott & Abbott, P.C.), Marietta, for other party.
    Case Number: A24A0236

    Court affirms custody modification and child support calculations in order that awarded retired father custody and child support, but reverses and remands for income assessment of father

  • Strickland v. The State

    Publication Date: 2024-05-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: William Hewitt, (Appellate Attorney GPDC), Savannah, for appellant.
    for defendant: Charles Higgins, (District Attorney’s Office for the Brunswick Judicial Circuit), Brunswick, Benjamin Gephardt, (District Attorney’s Office, Brunswick Judicial Circuit), Kingsland, Rome, for appellee.
    Case Number: A24A0344

    Court affirms child molestation convictions and rejects defendant's due process claim that was based on a 20-year delay and his contentions of insufficient evidence

  • Smith v. Six Flags Over Georgia II, LP

    Publication Date: 2024-04-08
    Practice Area: Personal Injury | Premises Liability
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jared Lina, James Goldstein, (Goldstein & Hayes, P.C.), Atlanta, for appellant.
    for defendant: Andrew Bagley, Colleen Callaghan, (McGrew Miller Bomar & Bagley LLC), Atlanta, for appellee.
    Case Number: A23A1431

    Court affirms summary judgment for an amusement park in a personal injury case, finding that injured party had equal knowledge of risks that were open and obvious

  • Latium USA Trading, LLC v. Smith

    Publication Date: 2024-04-05
    Practice Area: Contracts | Damages
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Van Horn, Jeremy Kahn, (Berman Fink Van Horn P.C.), Atlanta, for appellant.
    for defendant: Catherine Gibson, (The Gibson Law Firm, LLC), Atlanta, for appellee; Richard Wayne, Matthew Tokajer, (Richard C. Wayne & Associates, P. C.), Atlanta, for other party.
    Case Number: A23A1262

    Court reverses part of a default judgment due to improper calculation of loss of use damages in a case involving faulty window installation, but affirms all other aspects of the judgment

  • Amos et al. v. Creative Consulting Services, Inc. et al.

    Publication Date: 2024-03-26
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: David Hughes, (Hall Hirsh Hughes, LLC), Decatur, for appellant.
    for defendant: Douglas Esq, Anelise Codrington, (Chartwell Law), Atlanta, for appellee.
    Case Number: A23A1609

    Court reverses summary judgment that had favored a care coordination agency in a wrongful death lawsuit, noting genuine issues of material fact as to the agency's oversight of a care facility