• Chadwick v. The State

    Publication Date: 2021-08-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: George Weaver, (Weaver & Weaver), Jasper, for appellant.
    for defendant: Cliff Head, Shannon Wallace, (Assistant District Attorney Blue Ridge Judicial Circuit), Canton, Holly Varner, (Cherokee Judicial Circuit), Cartersville, for Appellee.

    Case Number: A21A0183

    Assailant Who Attacked Victim While He Was Attempting to Get Away Was Not Entitled to Instruction on Defense of Habitation

  • Gastel v. Dekalb County et al.

    Publication Date: 2021-08-11
    Practice Area: Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: George Butler, (Attorney at Law), Dahlonega, for appellant.
    for defendant: Bennett Bryan, (DeKalb County Law Department), Decatur, John Jones, (Assistant County Attorney), Decatur, for appellee.

    Case Number: A21A0032

    Trial Court Erred in Characterizing Lawsuit Challenging Denial of Zoning Variance Request as Mandamus Action

  • Redmond Park Hospital LLC d/b/a Redmond Regional Medical Center v. Floyd Health Care Management Inc. d/b/a Floyd Medical Center et al.

    Publication Date: 2021-08-11
    Practice Area: Civil Appeals | Civil Procedure | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Joshua Belinfante, Daniel Monahan, (Robbins Ross Alloy Belinfante Littlefield, LLC), Atlanta, Stephen Ecenia, (Rutledge Ecenia, P. A.), Tallahassee, for appellant.
    for defendant: Julius Peek, Benjamin Stell, (McRae Smith Peek Harman & Monroe LLP), ROME, Armando Basarrate, Elizabeth Kitchens, Grace Kopache, (Parker, Hudson, Rainer, & Dobbs LLP), Atlanta; Christopher Carr, Margaret Eckrote, Robin Cohen, Dale Cecka, (Assistant Attorney General, State of Georgia), Atlanta, Daniel Walsh, Frank Berry, Office General Counsel, (Department of Community Health) Atlanta, for appellee.

    Case Number: A21A0086

    Hospital's Initial Failure to File Timely Intervention Requests Precluded Later Requests to Intervene in Competitors' Appeals

  • Small v. Chatham County et al.

    Publication Date: 2021-08-11
    Practice Area: Court Administration | Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Chauncey Barnwell, (Chauncey Napoleon Brown Barnwell, PC), Atlanta, for appellant.
    for defendant: Jennifer Davenport, (Chatham County Attorney's Office), Savannah, Jennifer Davenport, (Chatham County Attorney's Office), Savannah, R. Hart, (Hart & Associates Law Firm LLC), Savannah, Noble Boykin, (Jones, Boykin & Associates), Savannah, Quentin Marlin, (Ellis Painter Ratterree & Adams LLP), Savannah, for Appellee; Walter Ballew, (Barrow & Ballew, P.C.), Savannah, for other party.

    Case Number: A21A0360

    Sovereign Immunity Precluded Suit Against County Based on Probate Court Clerk's Defalcation

  • Crispin et al. v. State of Georgia

    Publication Date: 2021-08-11
    Practice Area: Civil Procedure | Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Samuel Sliger, (McDonald & Cody, LLC), Cornelia, for appellant.
    for defendant: William Langley, (District Attorney), Blairsville, Francis Moran, (Lumpkin County District Attorney's Office), Dahlonega, for appellee.

    Case Number: A21A0148

    State Failed to Properly Serve Notice of Assets Forfeiture Complaint on Property Owners

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    Partnerships, Joint Ventures & Strategic Alliances

    Authors: Stephen I. Glover, Craig M. Wasserman

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  • Baxter v. Tracie McCormick, Inc. et al.

    Publication Date: 2021-08-10
    Practice Area: Employment Litigation | Insurance Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Fulton County Superior Court, (Perkins Studdard LLC), Carrollton, for appellant.
    for defendant: Benjamin Leonard, Matthew Pittman, (Cipriani & Werner), Alpharetta; Lauren Julian Loeb, (State Board of Workers' Compensation), Atlanta, for appellee.

    Case Number: A21A0012

    Posthumous Claim of Partial Dependency Did Not Alter Statutory Cap on Workers' Comp Benefits Payable to Surviving Spouse

  • Baptiste v. Dekalb County Sheriff, Jeffrey L. Mann, In His Official Capacity

    Publication Date: 2021-08-10
    Practice Area: Employment Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Cheryl Legare, Amelia Ragan, (Legare, Attwood & Wolfe, LLC), Decatur, for appellant.
    for defendant: Laura Johnson, Nikisha McDonald, (DeKalb County Law Department), Decatur, for other party.

    Case Number: A21A0361

    A Reasonable Juror Could Find That Plaintiff in Wrongful Termination Case Was Fired in Retaliation for Making Disclosures About Sheriff's Office

  • Lane Dermatology et al. v. Smith et al.

    Publication Date: 2021-08-10
    Practice Area: Employment Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Thomas Gristina, Carter Schondelmayer, Austin Gibson, (Page, Scrantom, Sprouse, Tucker & Ford, P.C.), Columbus, James Sherman, (Stanley, Esrey & Buckley, LLP), Atlanta, for appellant.
    for defendant: Julie Wood, Jared Miller, John Elliott, (Parker Hudson Rainer & Dobbs LLP), Atlanta, Jerry Buchanan, Trisha Hargrove, (Buchanan & Land), Columbus, for appellee.

    Case Number: A21A0582

    Communications Between Dermatologist's Former Employee and Patients Did Not Violate Non-Solicitation Provision

  • Hill v. The State

    Publication Date: 2021-08-10
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Michael Harty, Greg Willis, (Willis Law Firm), Atlanta, for appellant.
    for defendant: David White, (District Attorney), Hartwell, Jeffrey Lee, (Elbert County District Attorney's Office), Elberton, for appellee.

    Case Number: A21A0264

    Court Reverses Denial of Motion to Suppress Evidence Obtained in Search Following Traffic Stop

  • Steward et al. v. Arandia et al.

    Publication Date: 2021-08-10
    Practice Area: Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Robert Stansfield, (Attorney at Law), Covington, for appellant.
    for defendant: Jeffrey Barnes, (Barnes Firm LLP), Atlanta, for appellee.

    Case Number: A21A0418

    Trial Court Erred in Considering Affidavit Submitted in Support of Survey; Remanded for Court to Reconsider Survey's Admissibility