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  • Rafac v. Jiangsu Linhai Power Machinery Group Corporation

    Publication Date: 2020-12-11
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Mitchell Graham, (G. Roger Land & Associates), Atlanta, G. Land, (Attorney at Law), Atlanta, for appellant.
    for defendant: Donald Swift, Jaletta Smith, (Andersen Tate & Carr), Duluth, for appellee.
    Case Number: A20A0905

    Court vacates dismissal order and remands case because the trial court improperly shifted the burden of proof on service of process to the plaintiff

  • Junior v. Graham

    Publication Date: 2020-12-08
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Ben Brodhead, Ashley Fournet, John Nichols, (Brodhead Law, LLC), Atlanta, Darrell Hinson, (Shiver Hamilton, LLC), Atlanta, for appellant.
    for defendant: Joseph Cruser, Raymond Grant, (Cruser & Mitchell, L.L.P.), Norcross, Laurie Daniel, Matthew Friedlander, (Holland & Knight, LLP), Atlanta, for appellee.
    Case Number: A20A1188

    Trial Court Did Not Err in Denying Personal Injury Plaintiff's Motion for Attorneys' Fees Which, if Awarded, Would Constitute an Impermissible Double Recovery

  • Doe v. Saint Joseph's Catholic Church et al.

    Publication Date: 2020-12-03
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A20A0784

    Court affirms dismissal of action against the Church as having been time-barred, stating that the statute of limitations began to run on plaintiff's 18th birthday

  • Myers v. Clayton County District Attorney's Office, et al.

    Publication Date: 2020-12-01
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Per Curiam
    Attorneys: For plaintiff: Jobie Myers, Morrow, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Angela Cusimano, (Georgia Department of Law), Atlanta, Robert Shapiro, Atlanta, Jack Hancock, Arash Sabzevari, (Freeman Mathis & Gary LLP), Forest Park, for appellee.
    Case Number: A20A1382

    Trial Court Did Not Err in Finding That Plaintiff Failed to Properly Serve Police Detective With Summons and Complaint

  • Redford v. The State

    Publication Date: 2020-12-01
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Mike Redford, (Calhoun State Prison), Morgan, for appellant.
    for defendant: Ryan Leonard, Sean Garrett, (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: A20A1429

    Despite Prior Appeals Arising From His Prosecution, Appellant Did Not Have a Direct Appeal From His Judgment of Conviction

  • Jane Doe v. Vaughn

    Publication Date: 2020-12-01
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Alfred Adams, Atlanta, Jared Miller, (Parker Hudson Rainer & Dobbs LLP), Atlanta, Catherine Scott, (Georgia Justice Project), Atlanta, for appellant.
    for defendant: Timothy Vaughn, Keely Pitts, (Oconee Circuit District Attorney's Office), Eastman, for appellee.
    Case Number: A20A1431

    Superior Court Erred by Dismissing Petition to Modify Sentence; Court Had Authority to Consider the Relief Sought

  • National Collegiate Student Loan Trust 2007-3 v. Clayborn

    Publication Date: 2020-11-30
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Cherice Tadday, (Roosen, Varchetti & Oliver, PLLC), Smyrna, Kirsten Smith, (Sessions, Fishman, Nathan & Israel), Marietta, for appellant.
    for defendant: David Addleton, (Attorney at Law), Macon, James Hurt, (Hurt Stolz, P.C.), Watkinsville, for appellee.
    Case Number: A20A1571

    Court reverses an order that dismissed a collection lawsuit filed by a Delaware trust, concluding that the trust had capacity to sue in its own name

  • Quattrocchi et al. v. State of Georgia

    Publication Date: 2020-11-30
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: John Christy, Jonathan Akins, (Schreeder Wheeler & Flint, LLP), Atlanta, Russell King, Collin Hatcher, Russell King, Collin Hatcher, (King Yaklin & Wilkins LLP), Marietta, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Anne Infinger, (Department of Law / Consumer Protection), Atlanta, Jacquelyn Kneidel, Andrew Chesser, (State of Georgia Attorney General’s Office), Atlanta, for appellee. Thomas Bray, Acworth, Gregory Ellis, (Lamberth Cifelli Ellis & Nason PA), Atlanta, for other party.
    Case Number: A20A1127

    Trial Court Did Not Err in Striking Appellants' Answer in Unfair Trade Practices Case After Finding Them in Default as to Third Amended Complaint

  • Crippen & Lawrence Investment Co., Inc. v. A Tract of Land Being Known As 444 Lemon Street, et al.

    Publication Date: 2020-11-16
    Practice Area: Civil Procedure | Real Estate | Trusts and Estates
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: John Hampton Coleman, (Coleman Law, LLC), Atlanta, for appellant.
    for defendant: Reginald L. Snyder, (Taylor English Duma, LLP), Atlanta, for appellee. James L. McDaniel, (McDaniel & Scott), Decatur, Barry Phillip Bettis, (Bettis Law Group, LLC), Alpharetta, for Amicus Appellant.
    Case Number: S19G1645

    Tax Sale Purchaser of Property Had Standing to Claim Estate Executor Had Impliedly Assented to Devise of Property

  • Wheeler v. Best

    Publication Date: 2020-11-13
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Thomas Wheeler, Dublin, for appellant.
    for defendant: Mayor Phil Best, Joshua Powell, (City of Dublin), Dublin, for appellee.
    Case Number: A20A1517

    Superior Court Did Not Err in Dismissing Certiorari Petition Based on the Absence of a Bond or Affidavit of Indigence