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  • Riley v. Georgia Association of Club Executives

    Publication Date: 2022-03-24
    Practice Area: Civil Procedure | Government
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Julie Adams Jacobs, Ross Warren Bergethon, Alex Fredrick Sponseller, John Scott Forbes, Andrew Alan Pinson, Christopher M. Carr, Miles Christian Skedsvold, Zachariah Weston Lindsey, (Department of Law), Atlanta, for appellant.
    for defendant: Gary Stuart Freed, Thomas Christopher Grant, Gerald Travis Chichester, (Freed Grant LLC), Atlanta, John Thomas Morgan, III, (Law Offices of Tom Morgan), Decatur, Alexander Volokh, (Emory University School of Law), Atlanta, for appellee.
    Case Number: S21A0899

    Successor Public Official Could Not be Automatically Substituted For Predecessor Official Sued in Her Individual Capacity

  • Black Voters Matter Fund Inc. et al. v. Kemp et al.

    Publication Date: 2022-03-24
    Practice Area: Civil Procedure | Court Administration | Election and Political Law
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Joseph Thomas Rhodes, Samuel Aaron Emas, (Hunter Rhodes LLC), Augusta, for appellant.
    for defendant: Joshua Barrett Belinfante, Vincent Robert Russo, Jr., Javier Pico-Prats, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, Holly Anne Pierson, (Pierson Law LLC), Atlanta, Russell David Willard, Lee M. Stoy, Jr., Christopher M. CarrBryan Keith Webb, (Department of Law), Atlanta, Wayne Brown, Samuel Ethan Meller, (Augusta Law Department), Augusta, George R. Hall, William James Keogh, III, James Christopher Driver, (Hull Barrett, PC), Augusta, Barry Abbott Fleming, Frank Adam Nelson, Paul Simon Patterson Williams, (Fleming & Nelson, LLP), Evans, for appellee.
    Case Number: S21A1263

    Voter Advocacy Organization Lacked Standing to Challenge Legislation Splitting Judicial Circuit Into Two New Circuits

  • Shuler v. Akpan

    Publication Date: 2022-03-22
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Raymond Humphrey, (The Law Office of Raymond C. Humphrey, Esq.), Dunwoody, for appellant.
    for defendant: Kevin Tallant, Jonah Howell, (Miles Patterson Hansford Tallant, LLC), Cumming, for appellee.
    Case Number: A21A1475

    Court reverses denial of defendant's motion to set aside a default judgment because plaintiff failed to show diligence in serving defendant before service by publication

  • Walker v. Richmond et al.

    Publication Date: 2022-03-22
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Christopher Timmons, (Dekalb County District Attorney's Office), Decatur, Jon David Huffman, (Poole Huffman, LLC), Tucker, for appellant.
    for defendant: Eric Welch, (Eric N. Welch PC), Marietta, for appellee.
    Case Number: A21A1277

    Court sets aside a default judgment in a property dispute case because the order on a petition for declaratory judgment was entered on an impermissible advisory basis

  • Roney v. Wright

    Publication Date: 2022-03-16
    Practice Area: Civil Procedure | Landlord Tenant Law
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Paula McGill, (Attorney at Law), Marietta, for appellant.
    for defendant: Matthew Carlton, (Carlton Law, LLC), Decatur, for appellee.
    Case Number: A21A1508

    Court vacates order granting a motion to dismiss and remands for further proceedings in which appellant has an opportunity to present opposing evidence

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    Texas Legal Malpractice & Lawyer Discipline 2024

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • Kemron Environmental Services, Inc. v. Prospira Paincare, Inc.

    Publication Date: 2022-03-15
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Derek Littlefield, Kirk McAlpin, (Cushing, Morris, Armbruster & Montgomery LLP), Atlanta, for appellant.
    for defendant: James Gober, Richard Mitchell, Edward Cadagin, (Arnall Golden Gregory LLP), Atlanta, for appellee.
    Case Number: A21A1781

    Time to Move to Modify Default Judgment Began Running When Defendant Was Served

  • Griffin v. Stewart

    Publication Date: 2022-03-14
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Alfreda Williams, (Attorney at Law), Decatur, for appellant.
    for defendant: Lindsay Reese, (Law Office of Nancy W Phillips), Atlanta, Michael Broun, (Cowsert & Avery), Athens, for appellee.
    Case Number: A21A1316

    Court affirms dismissal of plaintiff's personal injury action for failure of timely service but vacates aspect of order that dismissed the action with prejudice

  • Fluellen v. Davis

    Publication Date: 2022-02-25
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pinson
    Attorneys: For plaintiff: Ryan Locke, (Locke Law Firm, LLC), Atlanta, Warren Smith, Gary Casper, (W. Calvin Smith II, PC), Atlanta, for appellant.
    for defendant: Jason Hammer, (Lueder Larkin & Hunter, LLC), Atlanta, Jennifer Pridgeon, (DuBose Law Group LLC), Madison, for appellee; Wayne McGrew, Colleen Callaghan, (McGrew Miller Bomar & Bagley LLC), Atlanta, for other party.
    Case Number: A21A1234

    Court affirms dismissal of personal injury car complaint because plaintiff did not exercise the greatest possible diligence to perfect service after statute of limitation expired

  • Roberts v. JP Morgan Chase Bank, National Association et al.

    Publication Date: 2022-02-14
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Catherine Gibson, (The Gibson Law Firm, LLC), Atlanta, for appellant.
    for defendant: Gregory Crochet, (Kutak Rock LLP), Atlanta, Thomas Isler, (Kutak Rock LLP), Denver, Kimberly Sheridan, Jeremy Stallman, (Gordon Rees Scully Manshukhani, LLP), Atlanta, for appellee.
    Case Number: A21A1598

    Court dismisses appeal of dismissal of breach of contract action and remands for consideration of whether motion for substitution of deceased party should be accepted

  • Beauparlant v. Aiken et al.

    Publication Date: 2022-02-11
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Colin Barron, (Haug Law Group, LLC), Atlanta, for appellant.
    for defendant: Kimberly Butler, Kristin Massee, (Ellis Painter Ratterree & Adams LLP), Savannah, for appellee; G. White, (Brennan, Harris & Rominger LLP), Savannah, for other party.
    Case Number: A21A1255

    Court reverses dismissal of personal injury lawsuit where trial court erred in concluded that statute of limitations was not tolled by a COVID Emergency Order