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  • Suntrust Bank v. Jedon M. Lilliston et al.

    Publication Date: 2018-02-16
    Practice Area: Civil Procedure | Dispute Resolution
    Industry: Financial Services and Banking
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: David Wylie Cranshaw, Simon Robert Malko (Morris, Manning & Martin, LLP), Atlanta, for appellant.
    for defendant: Brent J. Savage, Brent Jamieson Savage, Jr., Kathryn Hughes Pinckney (Savage Turner & Pinckney PC), Savannah, for appellee.
    Case Number: S17G0433

    The Court of Appeals erred in holding that a partys demand for arbitration in a renewal action may be deemed waived based on that partys conduct in the earlier, original litigation because a renewal suit is a de novo action and, thus, a partys conduct in the original action has no bearing on the question of waiver in the recommenced action.

  • Automotive Credit Corp. v. White

    Publication Date: 2018-02-13
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Trace Dillon (Dillon Law Firm P.C.), Snellville; Dwayne Kinney, Snellville, for appellant.
    for defendant: Dominique White, Kennesaw, for appellee.
    Case Number: A17A1559

    The trial court erred in denying plaintiff's petition to domesticate and enforce a foreign judgment; although the trial court correctly found that, under O.C.G.A. § 9-12-60, the judgment became dormant seven years after it was entered, the trial court overlooked the fact that plaintiff had an additional three years after the judgment became dormant to revive it under O.C.G.A. § 9-12-61.

  • Williams v. Johnson

    Publication Date: 2018-02-13
    Practice Area: Civil Procedure | Premises Liability
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Lloyd Hedrick (Hedrick Law LLC), Atlanta, for appellant.
    for defendant: Derric Crowther (Crowther Law Firm, PC), Atlanta; Deirdre Stephens (Attorney at Law), Pine Lake, for appellee.
    Case Number: A17A1652

    Defendant was entitled to summary judgment in plaintiff's premises liability suit because plaintiff had at least equal, if not superior, knowledge as defendant did of the hazard that caused his injury and the evidence was "plain, palpable and undisputable."

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

    Publication Date: 2018-02-07
    Practice Area: Civil Procedure | Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Swope Rodante, Brandon G. Cathey, for appellant.
    for defendant: Dentons US, J. Stephen Berry, J. Randolph Evans, Robin N. Johnson, for appellee.
    Case Number: A17A0735

    The trial court erred in granting summary judgment to insurer on plaintiff's claim alleging that insurer was liable for failing to settle an insurance claim, because genuine issues of material fact remained, but properly granted summary judgment to insurer on plaintiff's claims for attorney fees and punitive damages, because plaintiff failed to point to any evidence of bad faith or willful or wanton conduct.

  • Rogers v. Deutsche Bank National Trust Company et al.

    Publication Date: 2018-02-06
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: The Ratchford Firm, Warren E. Ratchford, for appellant.
    for defendant: Duane Morris, Steven D. Ginsburg, Kenneth B. Franklin, for appellees.
    Case Number: A17A1256

    The Court reversed the denial of defendant's motion to vacate an order substituting a new plaintiff; vacated the orders substituting the new plaintiff, granting summary judgment to the new plaintiff, and requiring defendant to post a supersedeas bond as a condition for the stay of enforcement of the summary judgment order; and remanded the case for further proceedings, finding that the trial court made an error of law and failed to exercise its discretion in substituting the new plaintiff.

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    New Jersey Law of Personal Injury: With the Model Jury Charges 2024

    Authors: James Hely, Donald A. Digioia

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  • In the Interest of R. C. et al., children.

    Publication Date: 2018-02-06
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: LeGault Legal, Michelle R. LeGault, for appellant.
    for defendant: Christopher M. Carr, Attorney General, Annette M. Cowart, Deputy Attorney General, Shalen S. Nelson, Penny L. Hannah, Senior Assistant Attorneys General, Marie Y. Watson, Assistant Attorney General, for appellee.
    Case Number: A17A1277

    The Court reversed the termination of mother's parental rights to her two minor children, holding that she was denied due process based on improper service by publication.

  • Black et al. v. Nationstar Mortgage LLC. et al.

    Publication Date: 2018-01-25
    Practice Area: Civil Procedure | Contracts | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Martin Fierman (Attorney at Law), Madison, for appellant.
    for defendant: Steven Flynn, Kimberly Wright, Jennifer McCall, Jimmy Howell (McCalla Raymer Leibert Pierce LLC), Roswell, for appellee.
    Case Number: A17A1587

    The trial court properly granted summary judgment to mortgage companies on their complaint for declaratory judgment and equitable reformation, in which they sought to reverse a foreclosure, void the related deed under power and special warranty deed and reinstate the modified security deed to a first priority position.

  • Jubilee Development Partners, LLC et al. v. Strategic Jubilee Holdings, LLC et al.

    Publication Date: 2018-01-23
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: David Conley, Jeffrey Daxe (Moore Ingram Johnson & Steele LLP), Marietta, for appellant.
    for defendant: Simon Bloom, Ryan Pumpian, John Phillips (Bloom Sugarman LLP), Atlanta, for appellee.
    Case Number: A17A2137

    The trial court properly denied appellants' motion to strike, or in the alternative, motion to dismiss the complaint filed against them for violation of Georgia's statute regarding strategic lawsuits against public participation because the claims against appellants were not based on an act in furtherance of the rights of free speech or petition and the anti-SLAPP statute thus did not apply.

  • Natasha Blakemore As Mother Of Natroya Hulbert v. Dirt Movers, Inc. et al.

    Publication Date: 2018-01-22
    Practice Area: Civil Procedure | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Scott Stevens (Greene & Cooper, LLP), Roswell, for appellant.
    for defendant: Brent Estes, Grant Smith (Dennis, Corry, Porter & Smith, LLP), Atlanta, for appellee.
    Case Number: A17A1540

    The plain language of O.C.G.A. § 14-2-510 (b) (4) limits a defendant corporations right of removal to cases in which venue is based only upon that specific paragraph; accordingly, the trial court erred in allowing a domestic motor carrier corporation to remove a wrongful death action against it to the county where its principal place of business was located, because venue against defendant was also proper in the county where the tort occurred under O.C.G.A. § 40-1-117 (b), the Georgia Motor Carrier Act.

  • Bishop v. Goins et al.

    Publication Date: 2018-01-18
    Practice Area: Attorney Rates and Arrangements | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: William Turner (Turner & Lawrence, P.C.), Jackson, for appellant.
    for defendant: Hays McQueen (Jones Cork & Miller LLP), Macon, for appellee.
    Case Number: A17A2058

    The trial court was authorized to award plaintiffs attorney fees after they successfully petitioned the superior court for stalking protective orders against defendants and defendants unsuccessfully appealed, as O.C.G.A. § 16-5-94 (d) (3) authorizes such awards in connection with appellate proceedings.