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  • Jordan v. The State

    Publication Date: 2023-11-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Marquis Jordan, (Hall County Correctional Institution), Gainsville, for appellant.
    for defendant: Tuttle Barksdale, (Ocmulgee Circuit District Attorneys Office), Eatonton, Faith Worley, (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A23A0772

    Court reverses and remands for reinstatement of defendant's original probation sentence on an aggravated assault count, finding that trial court did not have jurisdiction to change that sentence

  • Resurgens, LLC et al. v. Ervin et al.

    Publication Date: 2023-11-23
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Michael Bailey, Randolph Powell, Mikell Reynolds, Devon Zawko, Alexander Vey, (Huff Powell and Bailey), Atlanta, for appellant.
    for defendant: Meri Benoit, Rosser Malone, (Malone Law Officde), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, for appellee; Andrew King, (Watkins Lourie Roll Chance PC), Atlanta, Michelle King, (Speed & King LLC), Atlanta, for other pary.
    Case Number: A23A0892

    Court affirms denial of defendants' motion to dismiss a medical malpractice action, finding that they were not immune from liability under the COVID-19 Pandemic Emergency Executive Order

  • Martin v. The State

    Publication Date: 2023-11-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Frances Kuo, Atlanta, for appellant.
    for defendant: Mike Carlson, Fani Willis, (Office of the Fulton County District Attorney, Atlanta Judicial Circuit), Atlanta, Kevin Armstrong, (Office of the District Attorney), Atlanta, Elizabeth Rosenwasser, (Department of Law), Atlanta, for appellee.
    Case Number: A23A0906

    Court affirms denial of defendant's convictions for rape, child abuse, and other crimes over his contentions of ineffective assistance of counsel, improper admission of evidence, and jury instruction error

  • AMAC Two, LLC et al. v. Web, Ltd

    Publication Date: 2023-11-23
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Burleigh Singleton, Ava Conger, (Kilpatrick Townsend & Stockton, LLP), Atlanta, for appellant.
    for defendant: Andrea Pawlak, W. Schulten, (Schulten Ward & Turner, LLP), Atlanta, for appellee.
    Case Number: A23A0975

    Lease Language Regarding Lessee's Right to Parking Space Was Ambiguous, Precluding Summary Judgment as to Intent

  • Willis et al. v. Water's Edge Homeowner's Association, Inc.

    Publication Date: 2023-11-22
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Ifuero Obaseki, Randy Williams, Patrick Calvo, (Williams Law Group of Georgia, LLC), Atlanta, for appellant.
    for defendant: Richard Capriola, Elizabeth Taylor, Chadd Reynolds, (Winter Caprioal Zenner LLC), Atlanta, for appellee.
    Case Number: A23A0868

    In a dispute between a homeowners' association and its members, the court ruled that association directors must be members of the association, but a quorum of members was not required for elections

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    New Jersey Arbitration Handbook 2024

    Authors: Hon. William A. Dreier, Robert E. Bartkus

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  • Mabala v. The State

    Publication Date: 2023-11-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Frank Starosto, (Star Law PC), Woodstock, for appellant.
    for defendant: Anna Johnson, (Attorney at Law), Cartersville, Samir Patel, (Cherokee Judicial Circuit - District Attorney’s Office), Cartersville, for appellee.
    Case Number: A23A0791

    Court affirms defendant's convictions on nine counts of cruelty to children in the first degree, but vacates and remands for resentencing on three counts that should have merged

  • Hansford v. Veal et al.

    Publication Date: 2023-11-22
    Practice Area: Business Torts | Civil Procedure | Contractual Disputes
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Philip Eichelzer, (The Law Offices of P. Kent Eichelzer, III), Woodstock, for appellant.
    for defendant: John Nichols, John Kennedy, (James Bates Brannan Groover, LLP), Macon, for appellee.
    Case Number: A23A0836

    RICO Defendant Could Not Dispute Civil Liability Following Default Judgment

  • Madison v. Old 41 Farm, LLC

    Publication Date: 2023-11-22
    Practice Area: Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Carolyn Burch, (The Burch Firm LLC), Columbus, Benjamin Vaughn, (Benjamin A. Vaughn, P.C.), Forsyth, for appellant.
    for defendant: S. Tate, (Akin & Tate), Cartersville, for appellee; Rusi Patel, (Georgia Municipal Association, Inc.), Atlanta, for other party.
    Case Number: A23A0860

    Court reverses grant of writ of mandamus in a sewer availability dispute, noting that a city manager did not abuse her discretion in denying a favorable sewer availability letter

  • Sampson et al. v. The Medical Center, Inc. et al.

    Publication Date: 2023-11-20
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Kristopher Alderman, Darren Summerville, Meghan Hatfield Yanacek, (The Summerville Firm), Atlanta, Meredith Kincaid, (Cross Kincaid), Decatur, for appellant.
    for defendant: Paul Ivey, Robert Martin, (Hall Booth Smith, P.C.), Columbus, Lauren Dimitri, (Attorney at Law), Columbus, for appellee.
    Case Number: A23A1014

    Court reverses summary judgment award in favor of defendants in medical malpractice case because trial court used wrong standard to evaluate opinion of plaintiff's expert

  • Tracy Garner et al. v. Acadia Healthcare Company, Inc. et al.

    Publication Date: 2023-11-20
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Naveen Ramachandrappa, Matthew Sellers, (Bondurant Mixson & Elmore), Atlanta, Matthew Cathey, (Cathey & Strain. LLC), Cornelia, Brian Blankenship, Las Vegas, Joshua K Conaway, Albuquerque, for appellant.
    for defendant: Daniel Huff, Randolph Powell, Eric Wilder, Alexander Vey, (Huff, Powell & Bailey, LLC), Atlanta, Y. Williams, Anna Idelevich, Michael Weathington, (Weinberg Wheller Hudgins Gunn & Dial), Atlanta, for appellee.
    Case Number: A23A1090

    Court upholds dismissal of wrongful death claim due to lack of standing over a question of whether the plaintiffs were able to allege that an individual had died