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  • Humphries v. Weekly

    Publication Date: 2021-07-26
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Steven Jackson, (Attorney at Law), Atlanta, Michael Pryor, (Michael P. Pryor, P.C.), Atlanta, for appellant.
    for defendant: Lindsay Reese, (Law Office of Nancy W Phillips), Atlanta, Anderson Robinson, (Brown & Adams, LLC), Columbus, for appellee.
    Case Number: A21A0098

    Court vacates order dismissing car accident injury case for lack of service of process and remands for application of correct legal standard, facts, and conclusions of law

  • Jackson v. Crickmar, Warden

    Publication Date: 2021-07-22
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Leigh Ann Webster, (Strickland Webster, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick, (Department of Law), Atlanta, Steven Mark Rodham, (Womack, Rodham & Ray, P.C.), Lafayette, for appellee.
    Case Number: S21A0286

    Merger Claims May Be Raised for the First Time in Habeas and Are Not Procedurally Barred by Habeas Petitioner's Failure to Raise Them Earlier in His Criminal Case

  • Harvey et al. v. Merchan

    Publication Date: 2021-07-20
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Candace Ellene Rader, (Candace E Rader P.C.), Carrollton, Met Merritt Lane, (Shadrix Lane & Parmer, PC), Carrollton, for appellant.
    for defendant: Esther Dina Feuer Panitch, (The Panitch Law Group, P.C.), Atlanta, Brian Joseph Atkinson, Emily M. Hetherington, Devin LeDrut Mashman, (Wilbanks Cease Clinic), Athens, for Appellee; Paul E. Weathington, (Weathington, LLC), Atlanta, for Amicus Appellant; Lyle Griffin Warshauer, (Warshauer Law Group, P.C.), Atlanta, Darren Wade Penn, Kevin M. Ketner, (Penn Law LLC), Atlanta, Jacqueline Olivia Eisermann, Richard A. Horder, (Kazmarek Mowrey Cloud Laseter LLP), Atlanta, for Amicus Appellee.
    Case Number: S21A0143

    Law Applies to Torts Committed in Georgia, While Quebec Law Applies to Torts Committed in Quebec; Trial Court Must Compare Respective Limitations Periods

  • Armstrong et al. v. Cuffie et al.

    Publication Date: 2021-07-20
    Practice Area: Civil Procedure | Legal Malpractice
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Timothy James Gardner, Henrietta Gaveral Brown, (Gardner Trial Attorneys), Atlanta, for appellant.
    for defendant: Thomas F. Cuffie, Magua Bianca Benson, (The Cuffie Law Firm), Atlanta, for appellee; James Andrew Neuberger, (Neuberger Law, LLC.), Atlanta, for Amicus Appellant.
    Case Number: S20G1404

    Statute of limitations for legal malpractice claim in a negligence case begins on the last day when injured party' counsel could have started an underinsured motorist claim

  • Douglas R. Wilson et al v. Redmond Construction, Inc.

    Publication Date: 2021-07-09
    Practice Area: Attorney Compensation | Civil Procedure | Evidence
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Robert Lovett, (FisherBroyles, LLP), Savannah, for appellant.
    for defendant: Thomas Evans, (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A21A0506

    Bona Fide Controversy Precluded Attorney Fees Award For Stubborn Litigiousness or Unnecessary Trouble and Expense

  • In the Interest of B. B.

    Publication Date: 2021-06-29
    Practice Area: Civil Procedure | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Joseph Mulholland, (District Attorney), Bainbridge, Robert Richardson, (Public Defenders Standards Council), Bainbridge, for appellant.
    for defendant: Ernie Sheffield, (Private Attorney), Colquitt, for appellee.
    Case Number: A21A0480

    State May File Direct Appeal From Juvenile Court Order Denying Its Motion to Transfer to Superior Court

  • Dashtpeyma v. Walker et al.

    Publication Date: 2021-06-29
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Hassan Dashtpeyma, Marietta, for appellant.
    for defendant: Dana Maine, (Freeman Mathis & Gary), Atlanta, for appellee.
    Case Number: A21A0631

    Res Judicata Precluded New Action Based on Same Facts and Relating to Same Parties Involved in Earlier, Resolved Action

  • Cornerstone Ministries & Christian School, Inc. v. Pitney Bowes Global Financial Services, LLC

    Publication Date: 2021-06-22
    Practice Area: Civil Procedure | Contracts
    Industry: Electronics
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Richard Braun, Darien, James Smith, (Attorney at Law, LLC), Townsend, for appellant.
    for defendant: John Lucas, (Attorney at Law), Atlanta, Marion Stokes, (Stokes Carmichael & Ernst, LLP), Atlanta, for appellee.
    Case Number: A21A0430

    Court reverses summary judgment award in favor of equipment lessor because lessee's evidence showed a triable issue of material fact

  • Spence v. Department of Behavioral Health and Developmental Disabilities

    Publication Date: 2021-06-22
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jermaine Spence, Atlanta, for appellant.
    for defendant: Benjamin Wallace, (Brown & Adams, LLC), Columbus, Emily Harris, (Department of Law), Atlanta, Elizabeth Correnti, (C/O Ms. Curtis Carter, West Cen. GA. Reg Hospital), Columbus, for appellee.
    Case Number: A21A0588

    Court affirms dismissal of inpatient's appeals of involuntary hospitalization orders, finding that superior court had no jurisdiction to hear the appeals

  • Board of Commissioners of Lowndes County v. Mayor and Council of The City of Valdosta et al.

    Publication Date: 2021-06-21
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: James Elliott, Walter Elliott, (Elliott, Blackburn & Gooding, P.C.), Valdosta, for appellant.
    for defendant: Robin Leigh, (Assistant Attorney General), Atlanta, George Talley, Gregory Talley, (Coleman, Talley, Newbern, Kurrie Et Al), Valdosta, Timothy Tanner, (Attorney at Law), Valdosta, Whitney Groff, (Georgia Office of the Attorney General), Atlanta, Andrew Welch, Warren Tillery, (Smith Welch Webb & White), McDonough, Brandon Palmer, (Smith, Welch, Webb & White, LLC), Peachtree City, for appellee.
    Case Number: A19A1538

    Court vacates its earlier opinion and remands with direction to reverse the dismissal of a complaint that had been erroneously dismissed on sovereign immunity grounds