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  • Joshua David Mellberg, LLC et al. v. The Impact Partnership, LLC et al.

    Publication Date: 2020-07-07
    Practice Area: Business Torts | Civil Procedure
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Murphy, Ellen Schlossberg, (Vaughan & Murphy), Atlanta, David Bray, David Ferrucci, (Dickinson Wright PLLC), Phoenix, for appellant.
    for defendant: Stacey Carroll, (Carroll Law Firm LLC), Atlanta, William Eiselstein, Michael Kohler, (Miller & Martin, PLLC), Atlanta, for appellee. Charles Dalziel, (Gregory, Doyle, Calhoun & Rogers, LLC), Atlanta, for other party.
    Case Number: A20A0004

    Court affirms denial of motion to dismiss a defamation claim that was based on the revised anti-SLAPP statute, which was not in effect when the claim was filed

  • Morris v. Real Estate Expert Advisors, LLC et al.

    Publication Date: 2020-07-07
    Practice Area: Civil Procedure | Discovery
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Michael Rafi, (Rafi Law Firm, LLC), Atlanta, Arthur York, (Swift Currie Mcghee & Hiers, LLP), Atlanta, Leland Kynes, (Kynes Law, LLC), Atlanta, for appellant.
    for defendant: Jeffrey Barnes, (Barnes Firm LLP), Atlanta, Tyler Walker, (Fields Howell LLP), Atlanta, Adam Joffe, (Attorney at Law), Atlanta, Robert Noble, (Goodman McGuffey LLP), Atlanta, for appellee. Lloyd Hedrick, (Hedrick Law LLC), Atlanta, for other party.
    Case Number: A20A0038

    Court reverses summary judgment grant that was based on the defendants' responses to requests to admit, which responses were not binding on the plaintiff

  • Crawford v. Balli et al.

    Publication Date: 2020-07-07
    Practice Area: Civil Procedure | Legal Ethics and Attorney Discipline
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Roy Barnes, John Bartholomew, (The Barnes Law Group LLC), Marietta, Virgil Brown, (Virgil L. Brown & Associates), Zebulon, for appellant.
    for defendant: Charles Boring, (Judicial Qualifications Commission, State of Georgia), Atlanta, IV Easterlin, Atlanta, for appellee.
    Case Number: A20A0124

    Court orders dismissal of a judge's petition for a writ of quo warranto on judicial ethics charges because the judge failed to seek leave of court to file the petition

  • Premier Eye Associates, P.C. v. MAG Mutual Insurance Company

    Publication Date: 2020-07-06
    Practice Area: Civil Procedure | Contractual Disputes | Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Robert Douglass, (Sites & Harbison, PLLC), Atlanta, Willis Green, (Attorney at Law), Atlanta, Semra Kebede, (Law Offices of W. Bryant Green, III, P.C.), Atlanta, for appellant.
    for defendant: Jay Barber, Janis Spillers, (Litchfield Cavo, LLP), Atlanta, for appellee.
    Case Number: A20A0373

    Insurance Company Did Not Waive Contractual Limitations Period For Filing Suit By Engaging in Misleading Conduct

  • DirecTV, LLC, v. White

    Publication Date: 2020-07-06
    Practice Area: Civil Procedure | Personal Injury
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Fulton County State Court, Michael Becker, (Vernis & Bowling of Atlanta, LLC), Atlanta, for appellant.
    for defendant: Michael Rolle, (The Cordele Law Firm, Inc), Norcross, for appellee.
    Case Number: A20A0447

    Plaintiff's Contradictor Testimony Failed to Establish Injury Took Place Within Two Years of Filing of Personal Injury Complaint

  • McCall v. Cooper Tire & Rubber Company

    Publication Date: 2020-07-02
    Practice Area: Civil Procedure | Personal Injury
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Cale Conley, Scott Farrow, William Owens, (Conley Griggs Partin, LLP), Atlanta, for appellant.
    for defendant: Christopher Anulewicz, (Balch & Bingham LLP), Atlanta, Patrick Arndt, George Neuhauser, (Nall & Miller, LLP), Atlanta, Douglas Horelick, (Clyde & Co US LLP), Miami, for appellee. Rian Ervin, (The Suggs Law Firm, P.C.), Atlanta, Neal Scott, (Law Office of Terry-Dawn Thomas), Atlanta, for other party.
    Case Number: A20A0933

    Court reverses order that granted foreign corporation's motion to dismiss on personal jurisdiction grounds because that corporation was a resident for purposes of personal jurisdiction

  • Ghali et al. v. Miles et al.

    Publication Date: 2020-07-01
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Charles Marsh, Donovan Potter, (Swift Currie McGhee & Heirs LLP), Atlanta, for appellant.
    for defendant: Jerry Lumley, (Lumley and Harper, LLC.), Macon, for appellee. Marc Avidano, (Smith, Welch, Webb & White, LLC), McDonough, for other party.
    Case Number: A20A0429

    Court rules that parents of an adult child were entitled to summary judgment in a lawsuit for emotional distress because they owed no duty to the plaintiff over the child's actions

  • Hopper v. The State

    Publication Date: 2020-06-30
    Practice Area: Civil Procedure | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Earl Hopper, (Coffee Correctional Facility), Nicholls, for appellant.
    for defendant: Paul Howard, (District Attorney), Atlanta, for appellee.
    Case Number: A20A0538

    Trial Court Erred by Denying Defendant's Motion for an Out-of-Time Appeal, as Pro Se Defendant Was Not Responsible for His Failure to File a Timely Notice of Appeal

  • The State v. Heath

    Publication Date: 2020-06-29
    Practice Area: Civil Procedure | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Joshua Bradley Smith, Natalie Spires Paine, (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellant.
    for defendant: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellee.
    Case Number: S19G0967

    Court of Appeals Did Not Err in Holding That Trial Counsel's Failure to File a General Demurrer Resulted in Prejudice Under Strickland

  • Hojeij Branded Foods, LLC v. Clayton County, Georgia et al.

    Publication Date: 2020-06-24
    Practice Area: Civil Procedure | Real Estate
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Colvin
    Attorneys: For plaintiff: W. Wright, Alla Raykin, (Eversheds Sutherland (US) LLP), Atlanta, for appellant.
    for defendant: Jack Hancock, Arash Sabzevari, (Freeman Mathis & Gary, LLP), Forest Park, Winston Denmark, Leonid Felgin, Danielle Matricardi, (Fincher Denmark LLC), Atlanta, Janet Scott, (Seay/Felton LLC), Atlanta, for appellee.
    Case Number: A20A0103

    Court reverses dismissal of taxpayer's lawsuit for a property tax refund because that action was initiated within the statute of limitations under an amended statute