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  • Geiger v. Allmond

    Publication Date: 2024-06-20
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Andrew Lavoie, (Bruce, Mathews & Lavoie), Statesboro, for appellant.
    for defendant: Gabriel Cliett, (Attorney at Law), Metter, Jimmy Howell, (Howell Law Group, LLC), Statesboro, Madison Everett, (Gabe T. Cliett, P. C.), Statesboro, for appellee; Dale Busbee, (Busbee Law Group, LLC), Statesboro, for other party.
    Case Number: A24A0061

    Court reverses custody award that favored a grandmother over a mother, citing insufficient evidence to overcome parental presumption

  • Griffin v. The Emory Clinic Inc. et al.

    Publication Date: 2024-06-19
    Practice Area: Medical Malpractice | Premises Liability
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Francis Kadiri, (Francis O Kadiri LLC), Stone Mountain, for appellant.
    for defendant: Stephen Sparwath, Tyler Jones, (Bendin Sumrall & Ladner LLC), Atlanta, for appellee.
    Case Number: A24A0073

    Court partially reverses dismissal in professional malpractice and negligence lawsuit, concluding that negligence claims could proceed without an expert affidavit

  • Anderson v. Kaye et al.

    Publication Date: 2024-06-19
    Practice Area: Contracts | Fee Disputes
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Mario Breedlove, (The Breedlove Law Firm), Decatur, for appellant.
    for defendant: Scott Kaye, (Manchel, Wiggins & Kaye, LLP), Atlanta, Blue Spruell, (The Outlaw Firm LLC), Decatur, for appellee.
    Case Number: A24A0056

    Court vacates and remands case involving attorney fees due to statute of limitations issue

  • Hall v. The State

    Publication Date: 2024-06-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Lee Fitzpatrick, (Attorney at Law), Woodstock, for appellant.
    for defendant: Fani Willis, Mario Kladis, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: A24A0568

    Court affirms convictions for aggravated assault and related offenses, rejecting challenges to sufficiency of evidence sufficiency and admission of text messages as hearsay

  • Pappas Restaurant, Inc. v. Welch et al.

    Publication Date: 2024-06-18
    Practice Area: Premises Liability
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Nicole Leet, Michael Rust, (Gray, Rust, St. Amand, Moffett & Brieske), Atlanta, Laurie Daniel, Atlanta, Nicholas Boyd, (Holland & Knight LLP), Atlanta, for appellant.
    for defendant: Naveen Ramachandrappa, Jennifer Peterson, Michael Terry, Frank Lowrey, (Bondurant, Mixson & Elmore LLP), Atlanta, Edward Wynn, James Sadd, (Slappey & Sadd, LLC), Atlanta, Aleksandra Bronsted, (Law Offices of Aleksandra Bronsted PC), Atlanta,, for appellee; Warner Fox, Christine Mast, Elliott Ream, (Hawkins Parnell & Young, LLP), Atlanta, for other party; Philip Thompson, (Ellis Painter Ratterree & Adams, LLP), Savannah, Bret Moore, (Bret Moore Law), Atlanta, for AM.
    Case Number: A21A1341

    Court affirms denial of summary judgment in wrongful death and negligence claims against restaurant and security company

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    Connecticut Appellate Practice & Procedure, 8th Edition

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

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  • Cabrera-Zamarripa v. The State

    Publication Date: 2024-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Atlanta, for appellant.
    for defendant: Patsy Austin-Gatson, Clifford Kurlander, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A24A0523

    Court affirms convictions for armed robbery and related offenses, rejecting defendant's challenges to stipulations and jury instructions

  • Frey et al. v. Nationwide Mutual Insurance Company

    Publication Date: 2024-06-17
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Michael Ford, (Ford & Josey, P. C.), Gainesville, for appellant.
    for defendant: Colin Kelly, Timia Skelton, (Shook, Hardy & Bacon LLP), Atlanta, for appellee.
    Case Number: A24A0284

    Court affirms judgment on the pleadings for Nationwide, determining that it was not liable for auto accident damages and wrongful death under a CGL policy that excluded accident coverage

  • Shriver v. The State

    Publication Date: 2024-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Warnock, (Mitchell Warnock, LLC), Dublin, for appellant.
    for defendant: Louie Fraser, Grady Cullens, (Dublin Judicial Circuit District Attorney’s Office), Dublin, for appellee.
    Case Number: A24A0068

    Court affirms denial of motion to dismiss for alleged speedy trial violation, finding that the four-factor Barker-Doggett balancing test did not justify dismissal of an indictment

  • The State v. Youn

    Publication Date: 2024-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Lisamarie Bristol, Eric Azcoitia, (Gwinnett County Solicitor General), Lawrenceville, Leah Hightower, (Office of the Dekalb County Solicitor General), Decatur, for appellant.
    for defendant: D. Sessions, (The Sessions Law Firm, LLC), Atlanta, Andrew Fleischman, (Sessions & Fleischman), Sandy Springs, for appellee.
    Case Number: A24A0705

    Court reverses suppression of DUI breath sample and allows admission of results of a third test, because second test had calibration issues and did not meet statutory requirements for a test

  • Chaney v. The State

    Publication Date: 2024-06-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: David Walker, Macon, for appellant.
    for defendant: Jonathan Adams, (Office of the District Attorney, Towaliga Judicial Circuit), Jackson, Leslie Tilson, Jessica Haygood, (Towaliga Judicial Circuit), Forsyth, for appellee.
    Case Number: A24A0438

    Court affirms denial of motion to dismiss on speedy trial grounds given the COVID-19 tolling that extended all speedy trial periods