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  • In Re Estate Of Joe Leonard, Jr.

    Publication Date: 2018-01-16
    Practice Area: Civil Procedure | Government | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Timothy Allred, R. Waycaster (Attorney at Law), Dalton, for appellant.
    for defendant: Steven Rodham, Ronald Womack (Womack, Gottlieb & Rodham, PC.), Lafayette, for appellee.
    Case Number: A15A1802

    A presentment of a claim against a county under O.C.G.A. § 36-11-1 may be submitted to the governing authority by way of the county attorney as a matter of law, regardless of whether the attorney is an inside or outside county attorney; accordingly, the trial court erred in granting summary judgment to county after finding that plaintiff failed to comply with the statutory requirements for presentment in his negligence action arising after he was injured while riding a county-operated bus.

  • Anderson v. Lewis, et al.

    Publication Date: 2018-01-11
    Practice Area: Civil Procedure | Motor Vehicle Torts | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Allen Bodiford (Attorney at Law), Stockbridge, for appellant.
    for defendant: Russell Davis, Michael Patterson (Downey & Cleveland, LLP), Marietta, for appellee. Ashley Howard (Lynn Leonard & Associates), Atlanta, for other party.
    Case Number: A17A1898

    In an automobile accident case, the dismissal of one defendant due to plaintiff's failure to perfect service on him did not constitute an adjudication on the merits and provided no basis for granting summary judgment for the other defendant, the first defendant's grandfather, as the dismissal was not fatal to the derivative liability claim under the family purpose doctrine.

  • 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.

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    Constangy’s Field Guide to The Family Medical Leave Act 2014

    Authors: Michael D. Malfitano

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  • 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.

  • 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.