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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

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Spann v. Davis, et al.

    Publication Date: 2022-02-10
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Cary Wiggins, (Wiggins Law Group), Atlanta, for appellant.
    for defendant: Sarah Rasalam, (City of Atlanta Law Department), Atlanta, for appellee.
    Case Number: A20A0202

    Court reverses dismissal of lawsuit against court clerks and remands for parties to properly raise issue of quasi-judicial immunity from tort claims

  • Rampersad v. The Plantation At Bay Creek Homeowners Association, Inc.

    Publication Date: 2022-02-10
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pinson
    Attorneys: For plaintiff: Kavita Rampersad, Snellville, for appellant.
    for defendant: Brandon Wagner, (Lueder Larkin & Hunter, LLC), Alpharetta, for appellee.
    Case Number: A21A1490

    As to a judgments on unpaid homeowners association fees, court dismisses one appeal and vacates and remands the other for determination of service and notice

  • Rodriguez v. Houston County

    Publication Date: 2022-02-09
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: John Hadden, (The Hadden Law Firm, LLC), Atlanta, for appellant.
    for defendant: Ken Jarrard, Patrick Dodson, (Jarrard & Davis, LLP), Cumming, for appellee.
    Case Number: A20A1566

    Court vacates dismissal of personal injury plaintiff's motion to substitute a defendant after expiration of statute of limitation and remands for further proceedings

  • Hearn v. Guarin et al.

    Publication Date: 2022-01-26
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: William Bryant, Wayne Tartline, Eric Connelly, (Bovis Kyle Burch & Medlin, LLC), Atlanta, for appellant.
    for defendant: Jason Craig, (Attorney at Law), Vidalia, for appellee.
    Case Number: A21A1620

    Court vacate denial of motion to dismiss, finding that trial court relied on erroneous facts in concluding that plaintiffs had accomplished service of process

  • Ron Johnson, Jr. Enterprises, Inc. v. Hartry et al.

    Publication Date: 2022-01-18
    Practice Area: Civil Procedure
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Richard Foster, Elizabeth Bentley, (Swift Currie McGhee & Hiers, LLP), Atlanta, John Stewart, Amanda Smith, (Hall, Bloch, Garland & Meyer, LLP), Macon, for appellant.
    for defendant: Michael Warshauer, Trent Shuping, (Warshauer Law Group, P.C.), Atlanta, for appellee.
    Case Number: A21A0302

    Court reverses an order that re-transferred venue back to the original County in which the case originated