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  • Blackwelder v. Shugard et al.

    Publication Date: 2021-08-03
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Randolph Frails, (Attorney at Law), Augusta, for appellant.
    for defendant: Richard Bailey, (R. L. Bailey Law Firm, LLC), Augusta, Kurt Lawton, (Lawton Law Office, LLC), Martinez, for appellee.
    Case Number: A21A0483

    Court rejects biological father's arguments for custody of three children and affirms final order awarding custody to their maternal grandmother

  • Metropolitan Atlanta Rapid Transit Authority et al. v. Ingram

    Publication Date: 2021-08-03
    Practice Area: Civil Procedure | Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Candis Jones, (Lewis Brisbois), Atlanta, for appellant.
    for defendant: John Hyatt, (Hyatt & Hyatt, P.C.), Decatur; Matt Nasrallah, (Robertson, Bodoh & Nasrallah, LLP), Marietta, for other party,
    Case Number: A21A0541

    Court affirms denial of appellants' motion to dismiss or transfer venue where plaintiff in personal injury case filed suit in venue of one joint tortfeasor

  • Elliott et al. v. Savannah International Motors, Inc.

    Publication Date: 2021-08-03
    Practice Area: Civil Appeals | Civil Procedure
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: William Hunter, Timothy Roberts, (Oliver Maner LLP), Savannah, for appellant.
    for defendant: Anthony Casella, Malcolm Mackenzie, (Weiner, Shearouse, Weitz, Greenberg), Savannah, Keri Martin, (Moore Clarke Duvall & Rodgers, P.C.), Savannah, for appellee; Ronald Berry, (Ronald C. Berry, P.C.), Savannah, for other party.
    Case Number: A21A0387

    Court orders cases involving purchase and sale of stock to be retried due to error in consolidating them that was contrary to the parties' consent

  • Smith v. Sanders

    Publication Date: 2021-08-03
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: James Neuberger, (Neuberger Law, LLC), Atlanta, for appellant.
    for defendant: Ellen Ash, Jessica Sanford, (Fain Major & Brennan PC), Atlanta, for Appellee
    Case Number: A21A0406

    Court vacates denial of motion for entry of default in a car accident case where plaintiff had not filed a notarized affidavit for service on nonresident defendant

  • Anderson v. The State

    Publication Date: 2021-08-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Ashleigh Merchant, (The Merchant Law Firm, PC), Marietta, for appellant.
    for defendant: Joyette Holmes, Marietta, John Edwards, Flynn Broady, John Melvin, (District Attorney Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A21A0452

    Court affirms convictions for vehicular homicide, serious injury by vehicle, and aggressive driving over defendant's multiple contentions of trial court evidentiary error

  • Law Journal Press | Digital Book

    Infobeans cogito test

    Authors: Stephen Fishman

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  • Omnitech Institute, Inc. et al. v. Norwood

    Publication Date: 2021-08-02
    Practice Area: Dispute Resolution
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Todd Pearson, Regina Molden, (Molden, & Holley, LLC), Atlanta, for appellant.
    for defendant: Steven Wolfe, Amelia Ragan, (Legare, Attwood & Wolfe, LLC), Decatur, for appellee.
    Case Number: A21A0294

    Court reverses denial of motion to compel arbitration, finding that trial court erred in applying effective vindication defense regarding plaintiff's inability to afford costs

  • Antley at al. v. Small et al.

    Publication Date: 2021-08-02
    Practice Area: Civil Procedure | Trusts and Estates
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: John Floyd, John Rains, (Bondurant, Mixson & Elmore LLP), Atlanta, Jane Vincent, (Attorney at Law), Atlanta, for appellant.
    for defendant: Craig Gillen, Anthony Lake, (Gillen Withers & Lake, LLC), Atlanta, F. Hallman, Richard Wingate, (Hallman & Wingate, LLC), Marietta, Gus Small, (Small Herrin, LLP), Atlanta, for appellee.
    Case Number: A21A0223

    Court variously affirms and reverses trial court's orders on tolling of statute of limitations in a lawsuit against attorneys for former trustees charged with fraud

  • Potts v. Clowdis

    Publication Date: 2021-08-02
    Practice Area: Civil Procedure | Legal Malpractice
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Eugene Butt, (James Hugh Potts II, LLC), Atlanta, David Webster, (Attorney at Law), Atlanta, for appellant.
    for defendant: Louis Levenson, (Louis Levenson & Associates), Atlanta, for Appellee.
    Case Number: A20A1966

    Court reverses jury verdict and award for legal malpractice damages because trial court failed to properly redact a complaint and to give proper jury instructions.

  • Sloans v. The State

    Publication Date: 2021-08-02
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Jordan Van Matre, (The Law Office of Jordan K. Van Matre, P.C.), McDonough, for Appellant.
    for defendant: Fani Willis, Paul Howard, Mathew Plott, (Fulton County District Attorney's Office), Atlanta, for Appellee.
    Case Number: A21A0125

    Court reverses partial summary judgment grant where material questions of fact existed as to the identity of the person who signed a warranty deed in a land transfer.

  • Gowen v. The State

    Publication Date: 2021-07-30
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Kelly Wegel, (Western Circuit Public Defender), Athens, for appellant.
    for defendant: Deborah Gonzalez, (Western Judicial Circuit, DA), Athens, Kenneth Mauldin, (District Attorney), Athens, Alex Cidado, (Athens Clarke County District Attorney's Office), Athens, for appellee.
    Case Number: A21A0651

    Officer Who Smelled What Might Have Been Either Marijuana or Hemp Had Probable Cause to Search Vehicle