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  • Burns v. The State

    Publication Date: 2024-11-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Matthew Kyle Winchester, (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Linda Jeanne Dunikoski, Flynn Duncan Broady, Jr., (Cobb County District Attorney’s Office), Marietta, for appellee; Ashleigh Bartkus Merchant, (The Merchant Law Firm, P.C.), Marietta, Hunter Joseph Rodgers, Smyrna, for Amicus Appellant; Jennifer Lauren Hyman, (Arora Law Firm, LLC), Atlanta, James Matthew Bass, (Bass Legal), Atlanta, for Neutral Amicus.
    Case Number: S23G1192

    Court affirms that defendant's Sixth Amendment right to counsel was not violated when law enforcement personnel listened to recorded jail calls that did not include privileged matters

  • Lowndes County Board of Tax Assessors v. Lifesouth Community Blood Centers, Inc.

    Publication Date: 2024-11-12
    Practice Area: Tax
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Walter Elliott, William Elliott, (Elliott Blackburn & Gooding PC), Valdosta, for appellant.
    for defendant: Stephen Lowe, (Leach & Lowe LLC), Atlanta, Dabney Ware, (Foley & Lardner, LLP), Jacksonville, Kevin Hyde, (Foley & Lardner, LLP), Jacksonville, for appellee.
    Case Number: A24A0963

    Court affirms ad valorem property tax exemption for community blood center that distributes blood products to hospitals but not directly to the public

  • North American Senior Benefits, LLC v. Wimmer et al.

    Publication Date: 2024-11-08
    Practice Area: Contracts | Employment Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Hayes, (Attorney at Law), Atlanta, Thaddeus Wilson, Zachary McEntyre, Valentin Leppert, Andrew Chinsky, (King & Spalding LLP), Atlanta, for appellant.
    for defendant: Jeffrey Mokotoff, Leslie Hartnett, (Ford & Harrison LLP), Atlanta, Abigail Larimer, (Mohawk Industries), Calhoun, Benjamin Fryer, Charlotte, for appellee.
    Case Number: A23A0162

    Court reverses its prior opinion and adopts Supreme Court ruling that restrictive covenants may be enforceable without express geographic terms if they are reasonable in time, area, and scope

  • Dixie Amusement, LLC v. Primero Games, LLC

    Publication Date: 2024-11-08
    Practice Area: Contracts
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Steven Kushner, Ethan Knott, (Fellows LaBriola LLP), Atlanta, for appellant.
    for defendant: Franklin Brannen, (Tesla, Inc.), Washington, Elizabeth Scherer, (Fox Rothschild LLP), Raleigh, Keith Kodosky, Ronald Masterson, Cameron Mobley, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellee.
    Case Number: A24A1103

    Court vacates ruling in a breach of contract business dispute over contract terms of sale and whether those terms materially altered a contract under UCC Section 2-207

  • Blount v. Blount

    Publication Date: 2024-11-08
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Patricia Shewmaker, (Shewmaker & Lewis, LLC), Peachtree Corners, for appellant.
    for defendant: Vic Hill, (Attorney at Law), Marietta, Andrea Hastings, (Waggoner Hastings, LLC), Alpharetta, for appellee.
    Case Number: A24A0779

    Court affirms asset division and payment of lump sum to husband in a divorce proceeding but reverses discovery ruling and vacates award of attorney fees

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • YKH Realty, LLC et al. v. Georgia Department of Transportation

    Publication Date: 2024-11-07
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Warren Coppedge, (Coppedge & Associates, P.C.), Dalton, for appellant.
    for defendant: Christopher Carr, Frances Mulderig, (Georgia Attorney General’s Office), Atlanta, Henry Tharpe, (Tharpe Law Firm, LLC), Dalton, Anne Sapp, (Anne W. Sapp, P.C.), Atlanta, for appellee.
    Case Number: A24A0888

    Court reverses dismissal of notices of appeal and part of a summary judgment grant that had been in favor of Department of Transportation in a condemnation compensation dispute

  • Rakestraw v. The State

    Publication Date: 2024-11-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: David Whitman, (Guardian Ad Litem/Attorney at Law), Lawrenceville, for appellant.
    for defendant: Patsy Austin-Gatson, Clifford Kurlander, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A24A0929

    Court affirms convictions for home invasion and other crimes, rejecting defendant's multiple contention of ineffective assistance of counsel claims

  • Williams v. Regency Hospital Company, LLC et al.

    Publication Date: 2024-11-07
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Michael Hill, (Mayo Hill), Macon, for appellant.
    for defendant: David Nelson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, Sharonda Boyce, (Huff Powell Bailey LLC), Atlanta, for appellee.
    Case Number: A24A1035

    Court of Appeals affirms dismissal of medical malpractice claim, affirming constitutionality of statute limiting tolling for mentally incompetent plaintiffs

  • Simmons et al. v. Solo Cup Operating Corporation

    Publication Date: 2024-11-06
    Practice Area: Employment Compliance | Wrongful Death
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Daniel Beer, (SSMK Legal, LLC), Atlanta, Naveen Ramachandrappa, (Bondurant, Mixson & Elmore LLP), Atlanta, Joseph Minock, Nicole Bigman, (Sinton Scott Minock & Kerew), Atlanta, for appellant.
    for defendant: Carrie Christie, Carrie Christie, (Rutherford & Christie LLP), Atlanta, Mari Agasarkisian, Atlanta, for appellee; Frederick Ferrand, Lauren Meadows, (Swift Currie McGhee & Hiers), Atlanta, for other party.
    Case Number: A24A0623

    Court reverses dismissal in wrongful death lawsuit against a manufacturer, finding that the Workers' Comp Act did not apply because the decedent's injuries were not incidental to employment

  • Boley v. A-1 Horton's Moving Service, Inc. et al.

    Publication Date: 2024-11-06
    Practice Area: Business Torts
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Andrew Fleischman, (Sessions & Fleischman), Sandy Springs, for appellant.
    for defendant: Bryan Hilton, (Bryan P. Hilton, PC), Douglasville, for appellee.
    Case Number: A24A0733

    Court affirms denial of a defendant's motion to strike certain claims in defamation case involving defendant's negative online comments about a moving company