• Greenlee v. Tideback

    Publication Date: 2021-04-27
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Richard Tillery, Jennifer Gibbs, (Jennifer J. Gibbs PC d/b/a Gibbs Law Firm), Decatur, for appellant.
    for defendant: Melody Swilling, (Swilling Family Law Firm, LLC), Alpharetta, for appellee.

    Case Number: A21A0622

    Court affirms denial of a petition to set aside provisions of a divorce decree, concluding that the trial court properly applied judicial estoppel in its decision

  • City of Atlanta, Georgia v. Penosky et al.

    Publication Date: 2021-04-20
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Colvin
    Attorneys: For plaintiff: Courtney Ferrell, Thomas Reilly, William Smith, (Troutman Pepper Hamilton Sanders LLP), Atlanta, for appellant.
    for defendant: Austin James, Monika Scott, (Fidelity National Law Group), Atlanta, Jeffrey Schneider, Brandon Arnold, (Weissman PC), Atlanta, for appellee.

    Case Number: A21A0031

    Court affirms dismissal of City's appeal in a trespass and nuisance action where the City unreasonably and inexcusably delayed filing the transcript of the trial

  • Leary v. Perdue Farms, Inc.

    Publication Date: 2021-04-19
    Practice Area: Civil Procedure | Personal Injury
    Industry: Automotive | Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Paul Ayerbe, (Ayerbe & Cowart), Macon, for appellant.
    for defendant: James Fisher, Tiffany Winks, Caroline Jozefczyk, (Hall Booth Smith PC), Atlanta, for appellee.

    Case Number: A21A0289

    Evidence That Two Similarly-Named Entities Had Same Address and Registered Agent Supported Leave to Amend Complaint

  • Cooper v. Kana Hotels, Inc.

    Publication Date: 2021-04-16
    Practice Area: Civil Procedure | Premises Liability
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Benjamin Bengtson, (The Law Firm of Benjamin O. Bengtson), Atlanta, for appellant.
    for defendant: Robert Casey, (Casey Gilson P.C.), Atlanta, April Rich, Tetyana Beschastna, (Attorney at Law), Atlanta, Glenn Tornillo, (Cruser Mitchell Novitz Sanchez Gaston & Zimet LLP), Atlanta, for appellee.

    Case Number: A20A1778

    Court affirms summary judgment in a renewal complaint against a hotel management entity in a slip and fall action over failure to meet statute of limitations

  • Mendez v. The State

    Publication Date: 2021-04-14
    Practice Area: Civil Procedure | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Israel Mendez, (Wheeler Correctional Facility), Alamo, for appellant.
    for defendant: Joseph Mulholland, Moruf Oseni, (Office of the District Attorney, South Georgia Circuit), Bainbridge, for appellee.

    Case Number: A21A0241

    Trial Court Erred in Denying Defendant's Motion for an Out-of-Time Appeal Without an Evidentiary Hearing

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  • Durland v. Colotl et al.

    Publication Date: 2021-04-08
    Practice Area: Civil Procedure | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Victor Hawk, (Attorney at Law), Augusta, for appellant.
    for defendant: Kevin Reardon, Andrew Panella, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, Ellen Ash, (Fain, Major & Brennan, P.C.), Atlanta, for appellee.

    Case Number: A20A1756

    Court affirms dismissal of renewal action in a motor vehicle tort case where plaintiff never effected personal service of original complaint on defendant

  • Smith v. Laney et al.

    Publication Date: 2021-04-07
    Practice Area: Civil Procedure | Motor Vehicle Torts
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Michael Braun, (Law Office of Michael R. Braun), Marietta, for appellant.
    for defendant: Calanit Hayes, Rakhi McNeill, (Attorney at Law), Atlanta, William Myers, (Myers & Stroberg), Gainesville, Jason Stewart, (Dennis, Corry, Smith, & Dixon LLP), Atlanta, for appellee.

    Case Number: A20A1736

    Court affirms jury verdict for defendants in motor vehicle collision case over defendant's arguments that two defendants should not be considered separate entities

  • Norman v. The State

    Publication Date: 2021-04-02
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: William McIntosh, (Western Circuit Public Defender Office), Athens, for appellant.
    for defendant: Carroll Chisholm, Ethan Makin, (Athens-Clarke County Solicitor General's Office), Athens, for appellee.

    Case Number: A20A1995

    Appellant Bears the Responsibility of Timely Filing a Transcript of the Motion for a New Trial Hearing; Trial Court Did Not Err in Dismissing Appeal

  • Bowman v. The State

    Publication Date: 2021-04-01
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge PHIPPS
    Attorneys: For plaintiff: Lamar Bowman, (Wheeler Correctional Facility), Alamo, for appellant.
    for defendant: Patsy Austin-Gatson, Daniel Porter, (Gwinnett County District Attorney), Lawrenceville, Daniel Sanmiguel, (Hall County Solicitor's Office Office of the Solicitor-General), Gainesville, for appellee.

    Case Number: A20A1930

    Court Denies State's Motion to Dismiss Appeal From Denial of 'Motion to Vacate Void Sentence'; Untimely Notice of Appeal 'Ripened' When Later Order Was Filed

  • Ham v. City of Milton

    Publication Date: 2021-03-31
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Reese
    Attorneys: For plaintiff: Gary Beelen, (Drew Eckl & Farnham), Atlanta, for appellant.
    for defendant: Paul Frickey, Ken Jarrard, Patrick Jaugstetter, (Jarrard & Davis, LLP), Cumming, for appellee.

    Case Number: A20A1751

    Court affirms dismissal of petition and writ of certiorari because petitioner failed to effect service of his complaint within the statutorily allotted time