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  • Lovell v. Raffensperger et al.

    Publication Date: 2024-02-06
    Practice Area: Civil Procedure | Constitutional Law
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Kristen Lovell, Evans, for appellant.
    for defendant: Thomas L. Cathey, Fort Gordon, Bryan Keith Webb, Russell David Willard, Elizabeth Wilson Vaughan, Christopher M. Carr, (Department of Law), Atlanta, William James Keogh, III, Jordan Bell, (Hull Barrett, P.C.), Augusta, for appellee.
    Case Number: S23A0887

    Court affirms dismissal of actions against State and county election officials for non-compliance with sovereign immunity waiver requirements under the Georgia Constitution

  • Collington v. Clayton County, et al.

    Publication Date: 2024-02-06
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: John David Hadden, Darren Wade Penn, (Penn Law LLC), Atlanta, Benjamin Frederick Windham, (Ben F. Windham, P.C.), Locust Grove, Robert Walker Garrett, (Morgan & Morgan Atlanta, PLLC), Columbus, for appellant.
    for defendant: Jack R. Hancock, Arash Ali Sabzevari, Wes C. Jackson, Jacob Edward Daly, (Freeman Mathis & Gary, LLP), Atlanta, for appellee; Charles Madden Cork, III, (LAW OFFICES OF CHARLES M. Cork, III), Decatur, for Amicus Appellant; Kellye C. Moore, (Walker Hulbert Gray & Moore, LLP), Perry, for Amicus Appellee; Daniel C. Prout, Jr., (Waldon Adelman Castilla McNamara & Prout), Atlanta, for Other Party.
    Case Number: S22G1146

    Court verifies that OCGA § 36-11-1 applies to official-capacity claims against county sheriffs, and rules that presenting the claim to a county governing authority satisfies the presentment requirement

  • Bray v. Watkins

    Publication Date: 2024-02-01
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Richard Hendrix, Warren Lietz, (Finch McCranie), Atlanta, for appellant.
    for defendant: Jason Waymire, Terry Williams, (Attorney at Law), Buford, for appellee.
    Case Number: A22A1469

    On remand from the Georgia Supreme Court, the court vacated its previous opinion and remanded further for reconsideration of sovereign immunity in a lawsuit against a county sheriff

  • Wilson et al. v. Inthachak et al.

    Publication Date: 2024-01-12
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Ranse Murphy Partin, William Kent Owens, Jr., James Thomas Cox, (Conley Griggs Partin LLP), Atlanta, James D. Hudson, (James D. Hudson, P.C.), Douglas, for appellant.
    for defendant: William Richard Dekle, Sr., Sandra E. Vinueza Foster, Wiley A. Wasden, III, (Brennan & Wasden LLP), Savannah, for appellee; Jarome Gautreaux, (Gautreaux Law, LLC), Macon, for Amicus Appellant; Gregory Gaines Sewell, (Bouhan Falligant, LLP), Savannah, Pamela Newsom Lee, (Swift, Currie, McGhee & Hiers LLP), Atlanta, Elissa Blache Haynes, (Freeman Mathis & GARY, LLP), Atlanta, Patrick N. Silloway, (Balch & Bingham, LLP), Atlanta, Philip C. Thompson, (Duane Morris LLP), Atlanta, for Amicus Appellee.
    Case Number: S23A1095

    Court returns case to appellate court, which was divided equally on the application of a particular issue, due to lack of equal division jurisdiction

  • Simmons v. Turner

    Publication Date: 2024-01-03
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jim David, (Law Office of Jim R. David), Homer, for appellant.
    for defendant: William Myers, (Myers & Stroberg), Gainesville, for appellee.
    Case Number: A23A1328

    Court affirms dismissal of a renewal car accident lawsuit due to lack of proper service of original lawsuit

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    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • Marques v. JP Morgan Chase Bank, N.A. et al.

    Publication Date: 2023-12-22
    Practice Area: Banking and Finance Laws | Civil Procedure | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Antoinette Marques, Lithonia, for appellant.
    for defendant: Lisa Frank, (McCalla Raymer Leibert Pierce, LLC), Roswell, Catherine Gibson, (The Gibson Law Firm, LLC), Atlanta, Kane St. John, (Attorney at Law), Marietta, for appellee.
    Case Number: A23A1266

    Court affirms dismissal of most claims in a wrongful foreclosure lawsuit but reverses as to dismissal of plaintiff's claim that a successor lender failed to comply with a statutory notice requirement

  • Bradley v. Westrock CP, LLC et al.

    Publication Date: 2023-12-18
    Practice Area: Civil Procedure | Personal Injury
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Philip Bradley, Petersburg, for appellant.
    for defendant: Colin Kelly, Timia Skelton, (Shook, Hardy & Bacon LLP), Atlanta, for appellee.
    Case Number: A23A1236

    Court partially reverses summary judgment in a negligence suit, finding that personal injury claims for negligence and design defects were not barred by res judicata based on prior property damage suit

  • Bray et al. v. Watkins

    Publication Date: 2023-12-14
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Richard Wayne Hendrix, Michael A. Sullivan, (Finch McCranie, LLP), Atlanta, for appellant.
    for defendant: Terry Eugene Williams, Jason Christopher Waymire, (Williams Morris & Waymire), Buford, for appellee.
    Case Number: S23G0836

    Court grants petition for a writ of certiorari, noting that sovereign immunity is a jurisdictional issue that must be resolved before a court addresses the merits of a case.

  • Temples et al. v. Hitson

    Publication Date: 2023-11-28
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Meredith Lowry, (Lowry Law, LLC), Blue Ridge for appellant.
    for defendant: Larry Mayfield, (Smith, Welch, Webb & White, LLC), Barnesville, for appellee.
    Case Number: A23A1072

    Court reverses dismissal of lawsuit against a defendant who had died after its filing because no suggestion of death had been served on a nonparty representative to enable substitution of a party

  • McLeod v. Costco Wholesale Corp. et al.

    Publication Date: 2023-11-24
    Practice Area: Business Torts | Civil Procedure
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Torin Togut, (Attorney at Law), Lawrenceville, for appellant.
    for defendant: John Murray, Lauren Gregory, Connor Bateman, (Seyfarth, Shaw, Fairweather & Geraldson), Atlanta, for appellee.
    Case Number: A23A1055

    General Remedy For Failure to Plead Fraud-Related Claims Was More Definite Statement, Not Dismissal