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  • Kelly v. The State

    Publication Date: 2022-07-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Rodney Williams, (Attorney at Law), Decatur, for appellant.
    for defendant: Randal McGinley, Jillian Hall, (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A22A0120

    Court affirms convictions for burglary and other crimes over defendant's multiple contentions of error and ineffective assistance.

  • The State v. Berrien

    Publication Date: 2022-07-05
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pinson
    Attorneys: For plaintiff: Flynn Broady, (District Attorney Cobb Judicial Circuit), Marietta, Michael DeTardo, (Gwinnett County District Attorney's Office), Lawrenceville, Samuel d'Entremont, (Western Circuit District Attorney's Office), Athens, for appellant.
    for defendant: Ashleigh Merchant, (The Merchant Law Firm, PC), Marietta, Charles Engelberger, (The Engelberger Law Group, LLC), Marietta, for appellee.
    Case Number: A22A0448

    Mere Fact That Suspect Was Questioned in Limited-Access Room in Police Station Insufficient to Show He Was in Custody

  • Parrish et al. v. St. Joseph'S/Candler Health System, Inc. et al.

    Publication Date: 2022-07-05
    Practice Area: Civil Procedure | Medical Malpractice | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Sarah Adle, (Harris Lowry Manton LLP), Brookhaven, Stephen Lowry, (Harris Lowry Manton LLP), Savannah, for appellant.
    for defendant: William Dekle, B. Smith, (Brennan, Wasden & Painter, LLP), Savannah, Daniel Huff, Randolph Powell, (Huff, Powell & Bailey, LLC), Atlanta, Andrew Wilkes, Irving Drought, (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A22A0484

    Motion to Vacate Consent Order Founded on Prior Attorney's Legal Mistake Properly Denied

  • Fairview Park, Limited Partnership et al. v. Roddenberry

    Publication Date: 2022-07-05
    Practice Area: Personal Injury | Premises Liability | Real Estate
    Industry: Health Care | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Robert Huestis, (Blasingame Burch Garrard & Ashley), Athens, for appellant.
    for defendant: John Dozier, (Dozier Law Firm, LLC), Macon, for appellee.
    Case Number: A22A0821

    Trial Court Erred in Conflating Duty of Care Owed by Owner/Occupier of Premises With Duty Owed by Independent Contractor

  • Seals v. Major et al.

    Publication Date: 2022-07-05
    Practice Area: Contracts | Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Steven Hall, John Hinton, (Baker, Donelson, Bearman Caldwell & Berkowitz, PC), Atlanta, for appellant.
    for defendant: Luke Lantta, Aiten Mcpherson, (Bryan Cave Leighton Paisner LLP), Atlanta, Michael Johnson, (Taylor English Duma LLP), Atlanta, Reginald Snyder, (Dye Snyder, LLP), Atlanta, for appellee.
    Case Number: A22A0493

    Genuine Issues of Material Were Presented as to Whether Partnership Was Formed

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    Tax Facts on Investments 2023

    Authors: Robert Bloink, Esq., LL.M., William H. Byrnes, Esq., LL.M., CWM®

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  • Michael Smith v. Parks Hotels & Resorts, Inc. et al.

    Publication Date: 2022-07-01
    Practice Area: Civil Appeals
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Kurt Kastorf, (Kastorf Law), Atlanta, Robert Hughes, (Robert W. Hughes, Jr. & Associates, PC), Lawrenceville, Frank Ilardi, (Ilardi Law, LLC), Atlanta, Shannon Sprinkle, Matthew Gass, (Stites & Harbison PLLC), Atlanta, for appellant.
    for defendant: Shubhra Mashelkar, Patrick Moore, (Weinberg, Wheeler, Hudgins, Gunn & Dial), Atlanta, for appellee.
    Case Number: A22A0388

    Court affirms denial of motion to set aside a workers' compensation settlement and a defendant's challenge to a finding regarding a non-amendable defect in the record

  • U. S. Bank, National Association as Trustee of the Cabana Series IV Trust v. Carrington Mortgage Services, LLC

    Publication Date: 2022-07-01
    Practice Area: Creditors' and Debtors' Rights
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: James Blum, (Blum & Campbell, LLC), Peachtree Corners, for appellant.
    for defendant: Monica Gilroy, Matthew Totten, (The Gilroy Firm), Atlanta, for appellee.
    Case Number: A22A0035

    Court vacates summary judgment for a lender in a lien priority dispute, finding no basis for the trial court's award of equitable relief of reformation and specific performance

  • Mullins v. The State

    Publication Date: 2022-07-01
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: John Bradley, (Ocmulgee Circuit Public Defender's Office), Milledgeville, for appellant.
    for defendant: Tammy Coffey, (District Attorney's Office Baldwin County), Milledgeville, Tuttle Barksdale, (Ocmulgee Circuit District Attorneys Office), Eatonton, for appellee.
    Case Number: A22A0439

    Trial Counsel Not Ineffective For Failing to Seek Jury Instruction on Accident

  • Herrington v. The State

    Publication Date: 2022-07-01
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Robert Persse, Savannah, for appellant.
    for defendant: Charles Higgins, (District Attorney's Office for the Brunswick Judicial Circuit), Brunswick, Benjamin Gephardt, (District Attorney's Office for the Brunswick Judicial Circuit), Kingsland, for appellee.
    Case Number: A22A0283

    Court affirms hit-and-run convictions and rejects defendant's argument that trial court erred by failing to give a jury charge on exemption from hit-and-run liability

  • Claybrooks v. Claybrooks

    Publication Date: 2022-06-30
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pinson
    Attorneys: For plaintiff: Divida Gude, (Attorney at Law), Atlanta, for appellant.
    for defendant: Melanie Prehodka, (Stearns-Montgomery & Proctor), Marietta, for appellee.
    Case Number: A22A0413

    Court affirms a finding of willful contempt for failure to pay child support but vacates awards of attorney fees and interest