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  • 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

  • Hawbaker v. Brittingham

    Publication Date: 2024-11-05
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Donald Hawbaker, Midlothian, for appellant.
    for defendant: Sammie Mitchell, (law Office of S. Mark Mitchell, LLC), Newnan, for appellee.
    Case Number: A24A0611

    Court reverses contempt ruling in a divorce settlement dispute over missed deadlines, finding that one spouse had not met conditions precedent that required the other spouse to take action

  • Brighter Capital Management, LLC et al. v. BCF-EF, LLC et al.

    Publication Date: 2024-11-01
    Practice Area: Business Torts | Civil Procedure
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Kennon Peebles, (Attorney at Law), Duluth, for appellant.
    for defendant: Steven Kushner, (Fellows La Briola, LLP), Atlanta, Christopher Watkins, Michael Freeman, Dylan Magruder, (Hall Booth Smith P.C.), Alpharetta, Allen Orr, (Huff Powell Bailey), Atlanta, for appellee.
    Case Number: A24A0257

    Court affirms contempt order and dismissal of an individual's complaint as a sanction for discovery non-compliance, but reverses dismissal of corporate entity's complaint in a business dispute

  • Robinson v. Brown

    Publication Date: 2024-10-29
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Daniel Greenfield, (Jack F. Witcher), Bremen, Candace Rader, (Attorney at Law), Carrollton, Nathaniel Wheelwright, (Attorney at Law), Breman, for appellant.
    for defendant: Desiree Duke, Timothy Heath, (The Duke Law Firm, LLC.), Carrollton, for appellee; Timothy MacMillan, (The Law Office of Timothy J. MaCmillan), Carrollton, for other party.
    Case Number: A24A0786

    Court reverses denial of new trial motion in a child custody dispute case due to the trial court's ruling on the motion without holding a hearing

  • Warren v. Wal-Mart Stores East, LP (Delaware)

    Publication Date: 2024-10-28
    Practice Area: Civil Procedure | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Greason, (Attorney at Law), Stone Mountain, for appellant.
    for defendant: Garret Meader, (Drew Eckl & Farnham, LLP), St. Simons Island, Lauren Smith, St. Simons Island, for appellee.
    Case Number: A24A0815

    Court affirms dismissal of premises liability suit due to plaintiff's failure to timely participate and respond to discovery

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Cupp et al. v. Archer et al.

    Publication Date: 2024-10-24
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Albert Myers, (AL Myers Law, LLC), Decatur, Richard Evins, (The Evins Law Firm LLC), Greenville, for appellant.
    for defendant: Tammy Archer, Michael Cupp, Griffin, C. Fallon, (Fallon Law PC), Atlanta, for appellee.
    Case Number: A24A0983

    Court vacates default judgment in a residential construction dispute due to invalid service by publication

  • McQueen v. Long

    Publication Date: 2024-10-23
    Practice Area: Civil Procedure | Legal Malpractice
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Jackie Patterson, (Attorney at Law), Atlanta, for appellant.
    for defendant: Clarence Long, (Attorney at Law), Atlanta, Reginald Winfrey, (The Criminal Defense Law Firm), Atlanta, for appellee.
    Case Number: A24A1165

    Court vacates dismissal of lawsuit against former counsel, citing disqualification of defendant's counsel over conflict of interest

  • Green Meadows Housing Partners, LP et al v. Macon-Bibb County

    Publication Date: 2024-10-01
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: James Cobb, Michael Eber, Cameron Roberts, (Caplan Cobb LLP), Atlanta, Harold Melton, Charles Peeler, Thomas Reilly, Dominyka Plukaite, (Troutman Pepper Hamilton Sanders LLP), Atlanta, for appellant.
    for defendant: K. Cooke, (Gautreaux Law, LLC), Macon, Michael McNeill, (Macon-Bibb County Attorney’s Office), Macon, for appellee; Michael Lambros, (The Lambros Firm, LLC), Atlanta, for other party.
    Case Number: A24A0693

    Court reverses ex parte order and vacates nuisance findings in a County's public-nuisance case against apartments, and affirms that Civil Practice Act applies to nuisance abatement actions

  • Sobowale v. Smith et al.

    Publication Date: 2024-09-26
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Randolph Powell, Alexander Vey, (Huff Powell & Bailey), Atlanta, for appellant.
    for defendant: Jeffery Arnold, H. Stafford, (Attorney at Law), Hinesville, Andrew Johnson, (Arnold & Stafford), Hinesville, Gary Toman, (Weinberg Wheeler Hudgins Gunn & Dial, LLC), Atlanta, for appellee.
    Case Number: A24A0694

    Court affirms negligence and wrongful death jury verdict against two defendants and verifies venue despite settlement with a third defendant that remained in the case solely for venue

  • Miller v. Wilcoxson

    Publication Date: 2024-09-25
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Brant, (Colom and Brant), Atlanta, for appellant.
    for defendant: Anna Cross, (Cross Kincaid), Decatur, Thomas Sampson, Ebonei Simpkins, (Thomas Kennedy Sampson & Tompkins LLP), Atlanta, for appellee.
    Case Number: A24A0607

    Court reverses apportionment of settlement proceeds in a wrongful death case due to trial court's lack of jurisdiction to issue an apportionment order after the case was dismissed