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  • Elrod v. Reliance Development Company, LLC

    Publication Date: 2019-06-06
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: James Elrod, Atlanta, for appellant.
    for defendant: Joseph Grodzicki, (Campbell and Brannon), Atlanta, for appellee.
    Case Number: A19A0406

    No Service by Publication Absent Record Indication That Clerk Mailed Notice, Copy of Order, and Complaint to Defendant at Last Known Address

  • O'Brien et al. v. Builders Insurance

    Publication Date: 2019-06-03
    Practice Area: Civil Procedure
    Industry: Construction | Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Bishop, (Roberts Tate, LLC), Brunswick, Jason Tate, (Roberts Tate, LLC), Saint Simons Island, for appellant.
    for defendant: Stephen Snow, Jennifer Bellis, (Bendin Sumarall & Ladner, LLC), Atlanta, David Schulte, (Attorney at Law), Atlanta, for appellee. Ashlee Vaught, (Brannen, Searcy & Smith), Savannah, Leslie Kennerly, John Smith, (Young Thagard Hoffman, Smith & Lawrence), Valdosta, Robert Pace, (Brennan & Wasden, LLC), Savannah, Bradley Watkins, (Whelchel, Brown, Readdick & Bumgartner), Brunswick, Daniel Bullard, Kevin Wangerin, (Bullard & Wangerin, LLP), Macon, Jason Darneille, (Gower Wooten & Darneille, LLC), Atlanta, Amanda Williams, (Attorney at Law), Brunswick, Jason Lanahan, (Gerber & Holder), Atlanta, Ansel Beacham, (Attorney at Law), Rome, Mark Webb, (Brinson, Askew, Berry, Seigler Et Al), Rome, Charles Willcox, (Moore, Clarke, Duvall & Rodgers), Albany, Harry Bassler, Marietta, Trevor Hiestand, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, Celeste Gaines, (Caiola & Rose LLC), Decatur, for other party.
    Case Number: A19A0686

    Court reverses order allowing third party intervention by insurance carrier in breach of contract construction dispute

  • Golden Isles Cruise Lines, Inc. v. Lowie

    Publication Date: 2019-05-30
    Practice Area: Civil Procedure | Personal Injury
    Industry: Entertainment and Leisure | Transportation
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Tony Jones, Todd LaDouceur, (Galloway, Johnson, Tompkins, Burr & Smith, P.L.C.), Atlanta, for appellant.
    for defendant: Billy Jones, Carl Varnedoe, (Jones, Osteen & Jones), Hinesville, for appellee.
    Case Number: A19A0291

    Gambling Ship Operator Was Equitably Estopped From Relying on Statute of Limitations as Bar to Personal Injury Suit

  • Portman v. Zipperer et al.

    Publication Date: 2019-05-29
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Willie Fields, (Attorney at Law), Savannah, for appellant.
    for defendant: Beverly O'Hearn, (Lueder, Larkin & Hunter, LLC), Savannah, Francesca MacChiaverna, (Hunter Maclean), Savannah, for appellee.
    Case Number: A19A0014

    Trial Court Not Obligated to Hold Hearing Before Dismissing Complaint As Sanction for Party's Failure to Attend Deposition

  • Charles Drain v. Peter Lee

    Publication Date: 2019-05-23
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Herald Alexander, (Alexander Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Thomas Lavender, Andrew King, (FisherBroyles, LLP), Atlanta, for appellee.
    Case Number: A19A0607

    Court Dismisses Appeal by Husband of Judgment Debtor Who Sought Immediate Review of Order Compelling Him to Participate in Post-Judgment Discovery Process

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    Constangy’s Field Guide to the Fair Labor Standards Act 2014

    Authors: Michael D. Malfitano

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  • Morgan et al. v. Morgan

    Publication Date: 2019-05-22
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Thomson, (Beisswenger & Thomson P.A.), Athens, Richard Tunkle, (English, Tunkle & Smith), Clayton, for appellant.
    for defendant: Douglas Fox, (Fox Firm, P.C.), Lawrenceville, for appellee.
    Case Number: A19A0239

    Grandparents Who Lacked Permanent Custody Bore Burden to Show Parent Should Not Be Granted Custody of Her Child

  • Williams v. Medinger

    Publication Date: 2019-05-09
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Joseph Farrell, (O'Kelley & Sorohan Attorneys at Law LLC), Duluth, for appellant.
    for defendant: James Sherman, (Stanley, Esrey & Buckley, LLP), Atlanta, For Appellee.
    Case Number: A18A1533

    Court affirms denial of extraordinary motion for a new trial and to open a default judgment

  • Principal Lien Services, LLC v. Kimex Boat Rock 1183, LLC

    Publication Date: 2019-05-08
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Tynesha Walls, (Rhodes Walls Law Office, LLC), Snellville, for appellant.
    for defendant: Danielle Laughlin, (Hudson Legal, LLC), Sugar Hill, for appellee.
    Case Number: A18A1899

    Under Current Statute, Garnishee Not Required to Pay Accrued Court Costs Prior to Moving For Order Modifying Default Judgment

  • Moats et al. v. Mendez

    Publication Date: 2019-05-07
    Practice Area: Civil Procedure | Government | Personal Injury
    Industry: Automotive | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Ryan Ray, Steven Rodham, Ronald Womack, (Womack, Gottlieb & Rodham, P.C.), Lafayette, for appellant.
    for defendant: Walter Furlong, (Attorney at Law), Marietta, for appellee. Charles Cork, (Attorney at Law), Decatur, for AM.
    Case Number: A18A1721

    Presentment of Personal Injury Claim For Which Sheriff Can Be Held Vicariously Liable Must Be Directed Specifically to Sheriff

  • In re Estate of Aquilla Wheeler

    Publication Date: 2019-04-11
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Thomas Wheeler, Dublin, for appellant.
    for defendant: Jimmy Wheeler, Bowman, Charles Butler, (Attorney at Law), Dublin, for appellee.
    Case Number: A18A1971

    Pro Se Appellant Lacked Standing to Pursue Appeal on Behalf of Decedent's Estate Administrator