• McDonald v. Silver Hill Homes, LLC

    Publication Date: 2017-11-15
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Raymond Williams, Christopher Collier (Williams Teusink, LLC), Decatur, for appellant.
    for defendant: Jeffrey Schneider (Weissman, PC.), Atlanta, for appellee.

    Case Number: A17A0648

    The trial court erred in granting summary judgment to defendant on plaintiff's claims for punitive damages and attorney fees in a boundary line dispute because genuine issues of material fact remained.

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

    Publication Date: 2017-11-13
    Practice Area: Civil Procedure | Transportation
    Industry:
    Court: 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.

  • Bath v. International Paper Company et al

    Publication Date: 2017-11-13
    Practice Area: Civil Procedure | Evidence | Premises Liability
    Industry:
    Court: Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: William Bowen, Paul Painter (Bowen Painter, LLC), Savannah; April Stafford (Stafford Law Group, LLC), Statesboro, for appellant.
    for defendant: Todd Baiad, Lucas Bradley (Bouhan Falligant LLP), Savannah, for appellee. Garret Meader, Jeffrey Ward (Drew Eckl & Farnham, LLP), Brunswick, for other party.

    Case Number: A17A0906

    The trial court erred in concluding that alleged spoliated evidence was unrelated to the grounds upon which summary judgment was granted and thus erred in granting defendants' motion for summary judgment in plaintiff's premises liability and negligence action arising after he was severely injured when he was electrocuted while working at a paper plant.

  • Georgia Association of Professional Process Servers, et al. v. Jackson, Sheriff, et al

    Publication Date: 2017-11-10
    Practice Area: Civil Procedure
    Industry:
    Court: Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Michael Travis Foust, Allan Leroy Parks Jr. (Parks, Chesin & Walbert, PC.), Atlanta, for appellant.
    for defendant: Steven Eric Rosenberg, Ashley Jenell Moore Palmer (Office of the Fulton County Attorney), Atlanta; Deborah Lynn Dance, Lauren Smith Bruce (Cobb County Attorney's Office), Marietta; Richard A. Carothers (Carothers & Mitchell, LLC), Buford; Nikisha Lynette McDonald (DeKalb County Law Department), Decatur; Jack R. Hancock, Arash Ali Sabzevari (Freeman Mathis & Gary, LLP), Forest Park; Kenneth Edward Jarrard, Kenneth Paul Robin (Jarrard & Davis, LLP), Cumming; Donald Andrew Cronin, Jr. (O'Quinn & Cronin LLC), McDonough, for appellee.

    Case Number: S17A1079

    The trial court did not err in granting summary judgment to the sheriffs of seven counties on process servers' petition for mandamus because process servers failed to show that the sheriffs violated any clear legal duty by exercising their discretion under O.C.G.A. 9-11-4.1 to determine, as a threshold matter, whether certified process servers may act in their respective counties.

  • In The Interest of A. F. et al., children

    Publication Date: 2017-11-09
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Mark Jeffrey (Attorney at Law), Marietta, for appellant.
    for defendant: Calandra Harps (Assistant Attorney General), Atlanta; Christopher Carr (Attorney General), Shalen Nelson (Senior Assistant Attorney General), Atlanta; Marie Watson (Marie Y Watson & Associates PC), Avondale Estates, for appellee. Leslie Abbott, Temika Murry (DeKalb County Child Advocacy Center), Decatur, for other party.

    Case Number: A17A1171

    The juvenile court erred in failing to hold a hearing on mother's motion for new trial in a termination of parental rights proceeding before denying the motion.

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    Texas Insurance Coverage Litigation: The Litigator’s Practice Guide 2024

    Authors: Amy Elizabeth Stewart

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  • Kammerer Real Estate Holdings, LLC v. Forsyth County Board of Commissioners et al.

    Publication Date: 2017-11-08
    Practice Area: Civil Procedure | Land Use and Planning | Real Estate
    Industry:
    Court: Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Jennifer Spicer Ray, Jeremy Ethan Underwood, Joshua Adam Scoggins (Miles Hansford & Tallant, LLC), Cumming, for appellant.
    for defendant: Kenneth Edward Jarrard, Jeffrey J Costolnick (Jarrard & Davis, LLP), Cumming; Jesse A. Van Sant (The Gore Law Firm, LLC), Alpharetta; Larry Wayne Ramsey, Jr. (ACCG), Atlanta, for appellee.

    Case Number: S17A0924

    The trial court erred in dismissing some of plaintiff's claims against a county, a board of commissioners and the director of the county's Department of Planning and Community Development in connection with the director's refusal to issue a site development permit to plaintiff so that it could construct an automotive service facility on its lot.

  • Stewart v. Brown

    Publication Date: 2017-11-06
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Robert Beauchamp (Robert M. Beauchamp, Attorney at Law, LLC), Albany, for appellant.
    for defendant: Leslie Kennerly, John Smith (Young, Thagard, Hoffman, Smith & Lawrence), Valdosta, for appellee.

    Case Number: A17A1142

    The trial court erred in granting summary judgment to defendant in plaintiff's slip and fall suit because genuine issues of material fact remained regarding defendant's knowledge of the hazard and plaintiff's lack of such knowledge.

  • Shelley v. Town of Tyrone

    Publication Date: 2017-11-06
    Practice Area: Administrative Law | Civil Procedure | Land Use and Planning
    Industry:
    Court: Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Henry Milton Quillian III, Diane Festin LaRoss (Taylor English Duma, LLP), Atlanta, for appellant.
    for defendant: Laurel E. Henderson (The Balch Law Group), Atlanta; Theodore Paul Meeker III (Sumner Meeker, LLC), Newnan, for appellee.

    Case Number: S17A1064

    The trial court properly granted town's motion for partial summary judgment on plaintiff's declaratory judgment and inverse condemnation claims in connection with certain zoning ordinances because plaintiff failed to exhaust his administrative remedies before seeking relief in the trial court and his as-applied challenges to the zoning ordinances were thus not ripe for judicial review.

  • Intercontinental Services of Delaware, LLC v. Kent

    Publication Date: 2017-10-30
    Practice Area: Civil Procedure | Corporate Entities | Wrongful Death
    Industry: Transportation
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: N/a
    for defendant: N/a

    Case Number: A17A0917

    The trial court erred in denying defendant's motion to dismiss plaintiff's wrongful death suit for lack of personal jurisdiction, because defendant did not transact any business in Georgia and did not solicit business, or engage in any other persistent course of conduct, in Georgia.

  • Crawford et al. v. Ocwen Loan Servicing, LLC

    Publication Date: 2017-09-28
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Donovan Crawford, Cladine Crawford, Alpharetta, for appellant.
    for defendant: Christopher Wardrop (Weissman Nowack Curry & Wilco P C.), Atlanta, for appellee.

    Case Number: A17A1590

    The trial court properly dismissed plaintiffs' petition for a temporary restraining order or preliminary injunction seeking to stop the foreclosure of their home after concluding that the petition was moot because the injunctive relief they requested could no longer be granted.