• In The Interest Of M. I., a child.

    Publication Date: 2018-01-08
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Laurie Thomas (Attorney at Law), Savannah, for appellant.
    for defendant: Calandra Harps (Assistant Attorney General), Atlanta; Christopher Carr (Attorney General), Shalen Nelson (Senior Assistant Attorney General), Atlanta; Jerry Thacker (Attorney at Law), Conyers, for appellee. Erica Wilson (The Law Office of Erica Wilson), Atlanta, for other party.

    Case Number: A17A2000

    In a child dependency proceeding, the trial court erred in denying child's motion for new trial without conducting a hearing and the Court thus vacated the judgment finding that there was not probable cause to believe the child was dependent and remanded for the trial court to conduct a hearing on the motion.

  • Holmes-Bracy v. Bracy

    Publication Date: 2017-12-27
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Rodney Earl Davis (Rodney E. Davis, P.C.), Warner Robins, for appellant.
    for defendant: Carmel W. Sanders, Macon, for appellee.

    Case Number: S17A1682

    The trial court partially erred in concluding that husband could not be held in contempt for failing to make any of the monthly payments of fifty percent of his military retirement that he was required to make under the terms of parties final divorce decree because the judgment had become dormant.

  • Edokpolor et al. v. Grady Memorial Hospital Corporation

    Publication Date: 2017-12-26
    Practice Area: Civil Appeals | Civil Procedure
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Joseph H. King, Jr. (Joseph H. King, Jr., P.C.), Atlanta, for appellant.
    for defendant: LaTisha Dear Jackson, Jeffrey Emery Tompkins, Gerond Jullian Lawrence (Thomas Kennedy Sampson & Tompkins LLP), Atlanta, for appellee.

    Case Number: S17G0429

    The Court of Appeals erred in holding that a judgment that resolves all of the issues in a case except the amount to be awarded for the expenses of service of process under O.C.G.A. § 9-11-4 (d) is a final judgment.

  • Ortho Sport & Spine Physicians Savannah, LLC v. Chappuis et al.

    Publication Date: 2017-12-15
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Yasha Heidari, Yenniffer Delgado (Heidari Power Law Group LLC), Atlanta, for appellant.
    for defendant: Scott Bonder, Joseph White, Matthew Kahn (Fried & Bonder LLC), Atlanta; Richard Sanders, Jeffrey Mustari (The Sanders Law Firm P.C.), Atlanta, for appellee.

    Case Number: A17A1408

    The Court of Appeals partially reversed the trial court's orders granting defendants' motion to strike portions of plaintiffs complaint and motion to dismiss one defendant because it was not clear that the matters sought to be stricken could have no possible bearing upon the subject matter of the litigation.

  • Steagald et al. v. Eason et al.

    Publication Date: 2017-12-13
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Marc Avidano (Smith, Welch, Webb & White, LLC), McDonough; Andrew Gebhardt (Smith, Welch, Webb & White, LLC), Stockbridge, for appellant.
    for defendant: Walter McClelland, James Scarbrough (Mabry & McClelland LLP), Atlanta, for appellee.

    Case Number: A15A0857

    Defendants were not entitled to summary judgment in a dog bite case because a jury question remained as to whether defendants had knowledge that the dog had a propensity to bite without provocation based on prior snapping incidents.

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    Pennsylvania Commercial Litigation, Ninth Edition

    Authors: Harry F. Kunselman

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  • EMM Credit, LLC v. Alexander Remington et al.

    Publication Date: 2017-12-06
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Bret Thrasher, Sarah Newman (Thompson, O'Brien, Kemp & Nasuti, P. C.), Norcross, for appellant.
    for defendant: Robert Koski (The Koski Firm), Sarasota; Grace Tillman (Richard C. Wayne & Associates, PC.), Atlanta; Steven Lefkoff (Lefkoff Law, LLC), Atlanta; Scott King (Jacobs King & Wallack LLC), Atlanta, for appellee.

    Case Number: A17A1031

    The trial court properly found that creditor's fraudulent transfer claim was not assignable.

  • Avery et al. v. Paulding County Airport Authority et al.

    Publication Date: 2017-12-06
    Practice Area: Civil Procedure | Transportation
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Charles McKnight, Alison Ballard (Taylor English Duma, LLP), Atlanta, for appellant.
    for defendant: Robert Baker (Miller & Martin PLLC), Atlanta; J. Davis, Lee Carter (Brinson, Askew, Berry, Seigler, Richardson & Davis LLP), Rome, for appellee.

    Case Number: A17A0849

    The Court partially reversed the dismissal of three related declaratory judgment actions arising out of the efforts of a county and a county airport authority to apply for a commercial Airport Operating Certificate from the Federal Aviation Administration.

  • Curles et al. v. Psychiatric Solutions, Inc. et al.

    Publication Date: 2017-12-05
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Nathan Williams (The Williams Litigation Group, P.C.), Brunswick; Darren Penn (Penn Law LLC), Atlanta; Timothy Rigsbee, Michael Terry (Bondurant, Mixson & Elmore), Atlanta, for appellant.
    for defendant: Patrick O'Connor, Christopher Ray, Irving Drought (Oliver Maner LLP), Savannah; Andrew Efaw, Thomas Olsen, Stephen Oertle (Wheeler Trigg O'Donnell LLP), Denver, for appellee. Kristin Hiscutt (Bendin, Sumrall & Ladner, LLC), Atlanta, for amicus curiae.

    Case Number: A17A1298

    The trial court erred in dismissing plaintiffs' third amended complaint alleging ordinary and medical negligence against the owners, operators, and employees of a psychiatric treatment facility that treated and released a patient who later killed her grandmother and her aunt's boyfriend.

  • Fulton County, Georgia v. Soco Contracting Company, Inc.

    Publication Date: 2017-12-04
    Practice Area: Attorney Compensation | Civil Procedure | Contracts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Ronald Freeman, Cathy Nash, Bethany White (Johnson & Freeman, LLC), Union City; Cheryl Ringer (Office of the Fulton County Attorney), Atlanta; Denval Stewart (Office of the County Attorney), Atlanta, for appellant.
    for defendant: David Roberts (Roberts Construction Law, LLC), Atlanta, for appellee. Larry Ramsey (ACCG), Atlanta, for amicus curiae.

    Case Number: A17A1001

    The Court of Appeals vacated the denial of County's motion for summary judgment in construction company's suit arising out of a contract for the construction of a cultural center and remanded the case for further consideration because it did not appear that the trial court considered whether the parties strictly complied with the procedure for modifying the contract.

  • Hughes v. First Acceptance Insurance Company Of Georgia, Inc.

    Publication Date: 2017-12-01
    Practice Area: Civil Procedure | Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Brandon Cathey (Swope Rodante PA.), Tampa, for appellant.
    for defendant: John Berry, Robin Johnson, James Evans (Dentons US LLP), Atlanta, for appellee.

    Case Number: A17A0735

    The trial court erred in granting insurer's motion for summary judgment and but properly denied insured's motion for summary judgment in his suit alleging that insurer failed to settle an insurance claim, because genuine issues of material fact remained.