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YKH Realty, LLC et al. v. Georgia Department of Transportation
Publication Date: 2024-11-07
Practice Area: Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Hodges
Attorneys:
For plaintiff: Warren Coppedge, (Coppedge & Associates, P.C.), Dalton, for appellant.
For defendant: Christopher Carr, Frances Mulderig, (Georgia Attorney General’s Office), Atlanta, Henry Tharpe, (Tharpe Law Firm, LLC), Dalton, Anne Sapp, (Anne W. Sapp, P.C.), Atlanta, for appellee.
Case number: A24A0888

Court reverses dismissal of notices of appeal and part of a summary judgment grant that had been in favor of Department of Transportation in a condemnation compensation dispute

Rakestraw v. The State
Publication Date: 2024-11-07
Practice Area: Criminal Law
Industry:
Court: Georgia Court of Appeals
Judge: Judge Pipkin
Attorneys:
For plaintiff: David Whitman, (Guardian Ad Litem/Attorney at Law), Lawrenceville, for appellant.
For defendant: Patsy Austin-Gatson, Clifford Kurlander, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
Case number: A24A0929

Court affirms convictions for home invasion and other crimes, rejecting defendant's multiple contention of ineffective assistance of counsel claims

Williams v. Regency Hospital Company, LLC et al.
Publication Date: 2024-11-07
Practice Area: Civil Procedure | Medical Malpractice
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Judge Rickman
Attorneys:
For plaintiff: Michael Hill, (Mayo Hill), Macon, for appellant.
For defendant: David Nelson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, Sharonda Boyce, (Huff Powell Bailey LLC), Atlanta, for appellee.
Case number: A24A1035

Court of Appeals affirms dismissal of medical malpractice claim, affirming constitutionality of statute limiting tolling for mentally incompetent plaintiffs

Simmons et al. v. Solo Cup Operating Corporation
Publication Date: 2024-11-06
Practice Area: Employment Compliance | Wrongful Death
Industry: Manufacturing
Court: Georgia Court of Appeals
Judge: Presiding Judge Dillard
Attorneys:
For plaintiff: Daniel Beer, (SSMK Legal, LLC), Atlanta, Naveen Ramachandrappa, (Bondurant, Mixson & Elmore LLP), Atlanta, Joseph Minock, Nicole Bigman, (Sinton Scott Minock & Kerew), Atlanta, for appellant.
For defendant: Carrie Christie, Carrie Christie, (Rutherford & Christie LLP), Atlanta, Mari Agasarkisian, Atlanta, for appellee; Frederick Ferrand, Lauren Meadows, (Swift Currie McGhee & Hiers), Atlanta, for other party.
Case number: A24A0623

Court reverses dismissal in wrongful death lawsuit against a manufacturer, finding that the Workers' Comp Act did not apply because the decedent's injuries were not incidental to employment

Boley v. A-1 Horton's Moving Service, Inc. et al.
Publication Date: 2024-11-06
Practice Area: Business Torts
Industry: Cargo and Shipping
Court: Georgia Court of Appeals
Judge: Judge Gobeil
Attorneys:
For plaintiff: Andrew Fleischman, (Sessions & Fleischman), Sandy Springs, for appellant.
For defendant: Bryan Hilton, (Bryan P. Hilton, PC), Douglasville, for appellee.
Case number: A24A0733

Court affirms denial of a defendant's motion to strike certain claims in defamation case involving defendant's negative online comments about a moving company

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Harvey v. The State
Publication Date: 2024-11-05
Practice Area: Criminal Law
Industry:
Court: Georgia Court of Appeals
Judge: Judge Padgett
Attorneys:
For plaintiff: David Lock, (David T. Lock, LLC), Savannah, for appellant.
For defendant: Shalena Jones, Katherine Bird, (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
Case number: A24A1058

Court affirms aggravated assault and tampering convictions over defendant's challenges to sufficiency of evidence and contentions regarding jury instructions and a call during sentencing

Hawbaker v. Brittingham
Publication Date: 2024-11-05
Practice Area: Civil Procedure | Family Law
Industry:
Court: Georgia Court of Appeals
Judge: Judge Hodges
Attorneys:
For plaintiff: Donald Hawbaker, Midlothian, for appellant.
For defendant: Sammie Mitchell, (law Office of S. Mark Mitchell, LLC), Newnan, for appellee.
Case number: A24A0611

Court reverses contempt ruling in a divorce settlement dispute over missed deadlines, finding that one spouse had not met conditions precedent that required the other spouse to take action

Smith v. The State
Publication Date: 2024-11-04
Practice Area: Criminal Law
Industry:
Court: Georgia Court of Appeals
Judge: Judge Padgett
Attorneys:
For plaintiff: James Luttrell, (Attorney at Law), Canton, for appellant.
For defendant: Elizabeth Racine, (Douglas County District Attorney), Douglasville, Aimee Sobhani, (DeKalb County Government-Law Department), Decatur, for appellee.
Case number: A24A0660

Court affirms aggravated assault and simple battery convictions, rejecting defendant's challenge to other acts evidence and his speedy trial and ineffective counsel claims

Hooks v. Rockdale County et al.
Publication Date: 2024-11-04
Practice Area: Personal Injury
Industry: State and Local Government
Court: Georgia Court of Appeals
Judge: Judge Padgett
Attorneys:
For plaintiff: Kristie Hornsby, (The Hornsby Law Firm, LLC), Atlanta, for appellant.
For defendant: Jason Waymire, (Attorney at Law), Buford, for appellee.
Case number: A24A1014

Court affirms dismissal of false arrest and imprisonment claims, finding that a County had not waived sovereign immunity

Brighter Capital Management, LLC et al. v. BCF-EF, LLC et al.
Publication Date: 2024-11-01
Practice Area: Business Torts | Civil Procedure
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Brown
Attorneys:
For plaintiff: Kennon Peebles, (Attorney at Law), Duluth, for appellant.
For defendant: Steven Kushner, (Fellows La Briola, LLP), Atlanta, Christopher Watkins, Michael Freeman, Dylan Magruder, (Hall Booth Smith P.C.), Alpharetta, Allen Orr, (Huff Powell Bailey), Atlanta, for appellee.
Case number: A24A0257

Court affirms contempt order and dismissal of an individual's complaint as a sanction for discovery non-compliance, but reverses dismissal of corporate entity's complaint in a business dispute