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  • Langley v. MP Spring Lake, LLC

    Publication Date: 2018-05-23
    Practice Area: Civil Procedure | Landlord Tenant Law | Premises Liability | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard, C.J.
    Attorneys: For plaintiff: Matthew Gebhardt (Gebhardt Law Firm), Jonesboro, for appellant.
    for defendant: Jacob Daly (Freeman, Mathis & Gary, LLP), Atlanta, for appellee.
    Case Number: A18A0193

    Tenant's Premises Liability Action Against Landlord Was Barred By Contractual Limitation Period Stated in Lease

  • Lee v. Batchelor

    Publication Date: 2018-05-18
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Howard Lee, Lawrenceville, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta, for appellee.
    Case Number: A18A0273

    The trial court erred in failing to conduct a hearing before denying appellant's request to proceed in forma pauperis in a civil action he intended to file because no one filed a traverse contesting the truth of his affidavit of poverty.

  • In The Interest Of M. F., A Child (Father).

    Publication Date: 2018-05-16
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Tom Pye (Attorney at Law), Norcross, for appellant.
    for defendant: Douglas Fox (Fox Firm P.C.), Lawrenceville, for appellee. Rosalind Watkins (Attorney at Law), Atlanta, for other party.
    Case Number: A18A0264

    Juvenile Court Erred By Trying to Retain Jurisdiction Over Case After Guardianship Was Dissolved

  • Scott v. Prestige Financial Services, Inc.

    Publication Date: 2018-05-15
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: William Carlisle (Carlisle Law Firm), Winder, for appellant.
    for defendant: Beth Rogers (Rogers Law Offices), Atlanta, for appellee.
    Case Number: A18A0565

    The trial court erred in finding that the verification procedures set forth in O.C.G.A. § 9-10-112 applied because plaintiff's action was not a suit on an open account but rather a claim for the recovery of a balance due on a repossessed automobile purchased under a sale of goods contract; accordingly, the trial court erred in entering a default judgment based on defendant's failure to verify his responsive pleadings pursuant to § 9-10-112.

  • Georgia Appreciation Property, Inc. v. Enclave At Riverwalk Townhome Association, Inc.

    Publication Date: 2018-05-07
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Carol Clark (Carol Clark Law), Atlanta; Randall Lipshutz (Lipshutz Greenblatt LLC), Tucker, for appellant.
    for defendant: Leslie Eason, Lauren Bellamy (Gordon & Rees LLP), Atlanta; Jacob Davis (Lazega Johanson LLC), Atlanta, for appellee.
    Case Number: A17A2097

    Homeowner's Challenge to Amendments to Owners' Association Documents Was Derivative In Nature

  • Law Journal Press | Digital Book

    Connecticut Business Litigation, 4th Edition

    Authors: THOMAS J. FINN, PAULA CRUZ CEDILLO

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  • Blanton v. Crump Heating & Air, LLC et al.

    Publication Date: 2018-05-02
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: James Smith (Smith, Hannan and Parker, PC.), Valdosta, for appellant.
    for defendant: George Welborn (Downey, Cleveland, Parker & Williams), Marietta, for appellee.
    Case Number: A17A2005

    Plaintiff Could Not Maintain Action In Superior Court After His Attorney Had Settled Same Claims in Magistrate Court

  • Reid v. Waste Industries USA, Inc. et al.

    Publication Date: 2018-05-01
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Michael Johnson, Natalie Mark (Taylor English Duma LLP), Atlanta, for appellant.
    for defendant: Robert Martin (McKenna Long & Aldridge LLP), Atlanta; George Darden (Dentons US LLP), Atlanta, for appellee.
    Case Number: A17A1791

    The Court of Appeals partially reversed the trial court's order granting defendants' motion for summary judgment and denying plaintiff's motion for sanctions in his suit for malicious prosecution, conspiracy, and intentional and negligent infliction of emotional distress after he was acquitted of charges stemming from his alleged brandishing of a gun on his supervisor and co-workers after he was fired from his job.

  • DIP Lending I, LLC v. Cleveland Avenue Properties, LLC

    Publication Date: 2018-04-26
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Jimmy Luke (Martin Bagwell Luke, P.C.), Atlanta, for appellant.
    for defendant: James Fletcher (Fletcher Law Firm LLC), Atlanta, for appellee.
    Case Number: A17A1410

    Addressing Foreclosure Notice to Third-Party Name At Proper Address Did Not Satisfy Statutory Notice Requirements

  • Cooper Tire & Rubber Company v. Koch et al.

    Publication Date: 2018-04-25
    Practice Area: Civil Procedure | Evidence | Products Liability
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Laurie Webb Daniel (Holland & Knight LLP), Atlanta; Reed Thomas Warburton, (Bradley Arant Boult Cummings LLP), Birmingham; George R. Neuhauser (Nall & Miller LLP), Atlanta; Scott Burnett Smith (Bradley Arant Boult Cummings LLP), Huntsville, for appellant.
    for defendant: Katherine Lee McArthur, Caleb Frank Walker, Laura K. Hinson Penn (Katherine L. McArthur LLC), Macon; Tracey Lynn Dellacona (Dellaconna Law Firm), Macon, for appellee. Ashby K. Fox, Louis G. Fiorilla (Burr & Forman LLP), Atlanta; Forrest S. Latta (Burr & Forman LLP), Mobile; Brian David Boone (Alston & Bird LLP), Charlotte; Leonard Searcy II (Shook, Hardy & Bacon, L.L.P.), Kansas City; Philip S. Goldberg (Shook, Hardy & Bacon, LLP), Washington, for amicus appellant. Stephen Christopher Collier (Hawkins & Parnell, LLP), Atlanta; Michael Atkinson Arndt (Hawkins Parnell Thackston & Young, LLP), Atlanta; George Lee Welborn (Downey, Cleveland, Parker & Williams), Marietta, for other party.
    Case Number: S17G0654

    The trial court did not abuse its discretion in denying defendant's motion to dismiss, or alternatively, to bar certain evidence as a sanction for spoliation of evidence, as the record supported the trial court's conclusion that litigation was not reasonably foreseeable when plaintiff destroyed the evidence.

  • Zhong v. PNC Bank, N. A. et al.

    Publication Date: 2018-04-24
    Practice Area: Civil Procedure | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Yasha Heidari, Yenniffer Delgado (Heidari Power Law Group LLC), Atlanta, for appellant.
    for defendant: Sarah Reise, (Ballard Spahr LLP), Atlanta; Daniel Tobin (Ballard Spahr LLP), Washington; Linda Finley, Joseph Buller, Jonathan Green, Kristin Miller (Baker, Donelson, Bearman Caldwell & Berkowitz, PC), for appellee.
    Case Number: A17A1891

    Debtor Could Pursue Action Against Home Lender for Promissory Estoppel and for Failure to Provide Notice of Foreclosure