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  • Burch v. Marta et al.

    Publication Date: 2023-03-13
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Warren Smith, Brent McIntosh, (W. Calvin Smith, II, PC), Atlanta, for appellant.
    for defendant: Nicole Shockley, (Marta), Atlanta, for appellee.
    Case Number: A22A1655

    Court affirms denial of a motion to set aside a summary judgment order where service was made but recipient mistakenly did not see a summary judgment motion

  • Alli v. Ultra Group of Companies, Inc.

    Publication Date: 2023-03-10
    Practice Area: Civil Procedure
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Scott Hoopes, Justyn Alioto, Timothy Walls, (Mills & Hoopes, LLC), Atlanta, for appellant.
    for defendant: David Merbaum, Andrew Becker, (Merbaum & Becker, P.C.), Alpharetta, Joshua Belinfante, Alexander Denton, Melanie Johnson, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, for appellee.
    Case Number: A22A1706

    Lottery Commission Does Not Have Exclusive Jurisdiction Over Lawsuits Filed Between Coin-Operated Amusement Machine Licensees

  • Hamon v. Connell et al.

    Publication Date: 2023-03-03
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Robert D. Howell, (Howell Law Firm, P.C.), Moultrie, for appellant.
    for defendant: Gregory Tyson Talley, Alphonso Avery Howell, IV, (Coleman Talley LLP), Valdosta, for appellee; Charles Madden Cork, III, (Law Offices of Charles M. Cork, III), Decatur, John J. Park, Jr., (Jack Park Law, LLC), Gainesville, Kenneth James Lewis, (Lewis LAW), Winder, for Amicus Appellant.
    Case Number: S22G0405

    Court holds that a decedent's adult children have an equitable right to pursue a wrongful death action where surviving spouse declines or refuses to do so

  • United Parcel Service of America, Inc. et al. v. Whitlock et al.

    Publication Date: 2023-02-27
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Dennis Cathey, Matthew Cathey, (Cathey & Strain, LLC), Cornelia, for appellee; Denise Hoying, Peter Law, (Law & Moran), Atlanta, John McKinley, Sean Boyd, (Mozley, Finlayson & Loggins LLP), Atlanta, for other party.
    for defendant: Jonathan Friedman, Philip O’Neill, Gary Toman, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, for appellant.
    Case Number: A22A1231

    Court affirms order applying South Carolina law to wrongful death and punitive damages claims and vacates and remands an order that addressed spoliation of evidence

  • Steffey v. Ameris Bank et al.

    Publication Date: 2023-02-22
    Practice Area: Civil Procedure | Contracts
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Allen Meadors, (Allen Meadors Practitioners), Atlanta, for appellant.
    for defendant: Shanon McGinnis, (Wargo & French LLP), Atlanta, for appellee.
    Case Number: A22A1368

    Court reverses dismissal of breach of contract claims where plaintiff was charged interest on a construction loan but never took a draw under that loan

  • Perrie v. Sticher

    Publication Date: 2023-02-13
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Kathy Portnoy, (Portnoy, Garner & Nail, LLC), Atlanta, for appellant.
    for defendant: Daniel Greenfield, (Jack F. Witcher), Bremen, Kathleen Connell, (Connell Cummings, LLC), Atlanta, for appellee.
    Case Number: A22A1429

    Family Law Court Erred In Issuing Modified Custody Order Without Providing Prior Notice of Issues To Be Tried

  • Woodruff v. Jones

    Publication Date: 2023-02-01
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Joseph Perrotta, (Monge & Associates), Atlanta, for appellant.
    for defendant: Lori Brennan, (Law Office of James C. McLaughlin), Atlanta, for appellee; Erin Meek, Madison, for other party.
    Case Number: A22A1551

    Time for Seeking Substitution of Party For Deceased Party Did Not Begin Running Prior to Proper Service of Suggestion of Death

  • Hall et al. v. Hill

    Publication Date: 2023-01-04
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Trent Speckhals, (Speckhals Law, P. C.), Atlanta, for appellant.
    for defendant: Thomas Willingham, (Law Offices of Thomas P. Willingham PC), Birmingham, William Norwood, (Pope Mcglamry Kilpatrick Morrison & Norwood P.C.), Atlanta, Yehuda Smolar, (Yes Law Group, LLC), Atlanta, for appellee; John Smith, William Purvis, (Young Thagard Hoffman Smith Lawrence & Shenton), Valdosta, Richard Hines, (Nelson Mullins Riley & Scarborough), Atlanta, for other party.
    Case Number: A21A0111

    Appointment of conservator of minor children by one court divested another court of jurisdiction over alternate conservator's actions in a wrongful death matter

  • Ramos v. Owens

    Publication Date: 2022-12-15
    Practice Area: Civil Procedure | Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Harry Daniels, (Law offices of Harry M. Daniels, LLC), Atlanta, for appellant.
    for defendant: Mark Adelman, Hugh Rowling, Lauren Bruce, (Cobb County Attorney’s Office), Marietta, for appellee.
    Case Number: A22A1409

    Court affirms dismissal of inmate's negligence complaint against a county sheriff because of failure to establish waiver of sovereign immunity

  • Mimbs v. Henry County Schools

    Publication Date: 2022-12-14
    Practice Area: Civil Procedure | Employment Litigation
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: David Black, (Blue Sky Law), Atlanta, Angelina Whitaker, (Blue Sky Law), Smyrna, for appellant.
    for defendant: William White, Matthew Collum, (Smith, Welch, Webb, & White), McDonough, Megan Rittle, (Attorney at Law), McDonough, for appellee.
    Case Number: A21A0327

    On remand from the Georgia Supreme Court, court reverses summary judgment for a school district, ruling that retaliatory discharge action was not time-barred