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Publication Date: 2024-07-24 Practice Area:Personal Injury Industry: Court:Georgia Court of Appeals Judge:Judge Rickman Attorneys:For plaintiff: Randall Schmidt, Savannah, for appellant. for defendant: Allan Galis, David Burkoff, Gracie Shepherd, (Hunter Maclean Exley & Dunn, P.C.), Savannah, for appellee; Robert Turner, Carolyn Spellman, (Savage Turner Pinckney Savage & Sprouse), Savannah, for other party. Case Number: A24A0545
Court reverses summary judgment in favor of defendant in a personal injury/loss of consortium case, citing reasonable explanation for conflicting testimony as to dates of separation
Publication Date: 2024-07-23 Practice Area:Family Law Industry: Court:Georgia Court of Appeals Judge:Judge Pipkin Attorneys:For plaintiff: Kimberly Ellison, Wayne Kendall, (Wayne B Kendall PC), Fayetteville, for appellant. for defendant: Tynesha Walls, (Rhodes Walls Law Office, LLC), Snellville, Dana Davis, (Tucker Davis Law LLC), East Point, for appellee. Case Number: A24A0567
In multiple challenges to custody decisions involving an 18-year old special needs child, the court of affirmed contempt and attorney fee rulings but declares custody claims moot
Publication Date: 2024-07-23 Practice Area:Civil Procedure | Medical Malpractice Industry:Health Care Court:Georgia Court of Appeals Judge:Presiding Judge McFadden Attorneys:For plaintiff: Daniel Huff, Randolph Powell, T. Tucker, Alexander Vey, (Huff Powell & Bailey), Atlanta, for appellant. for defendant: Robert Turner, (Savage, Turner, Pinckney & Savage), Savannah, Christopher Britt, Jeremy McKenzie, (Karsman, McKenzie & Hart), Savannah, for appellee. Case Number: A24A0556
Court affirms $4.5 million verdict in a medical malpractice case and rejects defendant's challenge to jury instruction on availability of insurance benefits
Publication Date: 2024-07-23 Practice Area:Real Estate Industry:Real Estate Court:Georgia Court of Appeals Judge:Presiding Judge Doyle Attorneys:For plaintiff: Charles Adams, (Adams Law Firm), Fort Valley, Joseph Bloodworth, (Bush, Crowley, Leverett & Leggett, LLP), Macon, for appellant. for defendant: John Fox, (Adams, Hemingway & Wilson, LLP), Macon, for appellee. Case Number: A24A0213
Court reverses denial of summary judgment in real estate fraud case, concluding that there was no factual dispute that property purchasers had failed to exercise due diligence after notice of defect
Publication Date: 2024-07-22 Practice Area:Civil Procedure | Personal Injury Industry:State and Local Government Court:Georgia Court of Appeals Judge:Judge Brown Attorneys:For plaintiff: Jonathan Sexton, (Sexton Law Firm, LLC), McDonough, for appellant. for defendant: Alisha Johnson, Alicia Gant, (Rockdale County District Attorney’s Office), Conyers, Nathan Stuckey, (Attorney at Law), Augusta, for other party. Case Number: A23A0783
Court affirms dismissal of injury claim due to insufficient ante litem notice
Publication Date: 2024-07-22 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Chief Judge Mercier Attorneys:For plaintiff: Katie Borodin, Eliot Abt, (The Abt Law Firm, LLC), Atlanta, for appellant. for defendant: Patsy Austin-Gatson, Angela Mattozzi, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee. Case Number: A24A0299
Court reverses sexual exploitation conviction and remands for a new trial due to defendant's improper waiver of right to counsel, which was not done knowingly and intelligently
Publication Date: 2024-07-22 Practice Area:Contractual Disputes Industry:Construction Court:Georgia Court of Appeals Judge:Presiding Judge McFadden Attorneys:For plaintiff: Ashley Hughes, (Oliver Hughes LLC), Woodstock, for appellant. for defendant: David Kolmel, (John B. Miller & Associates), Marietta, for appellee. Case Number: A24A0220
Court reverses and remands trial court's ruling against breach of contract claims in a pool construction dispute due to unsupported factual findings to support that ruling
Publication Date: 2024-07-22 Practice Area:Criminal Appeals | Criminal Law Industry: Court:Georgia Court of Appeals Judge:Presiding Judge Barnes Attorneys:For plaintiff: Adrian Patrick, (Attorney at Law), Snellville, for appellant. for defendant: Cheryl Hightower, Louie Fraser, (Assistant District Attonrey Dublin Judicial Circuit), Dublin, for appellee. Case Number: A24A0411
Court vacates trial court's orders denying motions to plea in bar and remands cases for proper analysis of speedy trial claims and statute of limitations defenses
Publication Date: 2024-07-19 Practice Area:Criminal Law Industry: Court:Georgia Supreme Court Judge:Chief Justice Boggs Attorneys:For plaintiff: David Timothy Douds, (Georgia Public Defender Council Appellate Division), Athens, for appellant. for defendant: Patricia B. Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Grace Guthrie Griffith, Christopher M. Carr, (Department of Law), Atlanta, Deborah Gonzalez, (Western Circuit District Attorney’s Office), Athens, for appellee. Case Number: S24A0263
Court affirms convictions for malice murder and other offenses over defendant's challenges based on Confrontation Clause issues and improper admission of expert testimony