• Williams v. The State

    Publication Date: 2021-07-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Lucy Roth, (Augusta Office of the Public Defender), Augusta, for appellant.
    for defendant: Joshua Smith, Henry Syms, Jared Williams, (Office of the District Attorney), Augusta, for appellee.

    Case Number: A21A0390

    Court reverses denial of new trial motion in drug possession case where trial court erroneously denied a motion to suppress evidence

  • Bennett v. McPhatter

    Publication Date: 2021-07-13
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Steven Bristol, Mary Boone, Timothy Bishop, (Hall Booth Smith, PC), Brunswick, for appellant.
    for defendant: David Eichholz, Kathryn Sherry, (The Eichholz Law Firm), Savannah, for appellee. Brenda Daughtry, Savannah, for other party.

    Case Number: A21A0270

    Title: Court reverses denial of landlord's summary judgment motion in a premises liability action where the landlord had no actual or constructive knowledge of a defect

  • First Merit Credit Services v. Fairway Aviation, LLC et al.

    Publication Date: 2021-07-12
    Practice Area: Tax
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Richard Howe, Jeffrey Nickerson, (Howe & Associates), Alpharetta, for appellant.
    for defendant: John Grimes, (Lefkoff, Duncan, Grimes, McSwain & Hass, P.C.), Atlanta, Fairway Aviation, LLC, Stockbridge, Matthew Gilley, Suwanee, Patrick Gilley, Fayetteville, for appellee.

    Case Number: A21A0847

    Party Seeking to Revive Dormant Foreign Judgment Should Have Been Allowed to Argue Tolling of Limitations Period

  • Evans et al. v. The Medical Center of Central Georgia

    Publication Date: 2021-07-12
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: John Hadden, (The Hadden Law Firm, LLC), Atlanta, Tracey Dellacona, (Dellacona Law Firm), Macon, Jarome Gautreaux, (Gautreaux & Sizemore, LLC), Macon, Roger Krause, (Krause, Golomb & Witcher, LLC), Atlanta, for appellant.
    for defendant: Roy Meeks, Amanda Speier, (Taylor English Duma LLP), Atlanta, for appellee.

    Case Number: A21A0256

    Court reverses summary judgment grant for a hospital and a nurse in a medical malpractice action due to open fact issue as to a breach of the applicable standard of care

  • Rose v. Clark

    Publication Date: 2021-07-12
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Paula Free, (Law Office of Paula O'Neal Stewart), Winder, David Thomson, (Beisswenger & Thomson P.A.), Athens, for appellant.
    for defendant: Allen Bodiford, (Attorney at Law), Stockbridge, for appellee.

    Case Number: A21A0172

    Court affirms contempt finding as to child support payments in a divorce proceeding but vacates an attorney fee award that was not supported by findings of fact or statute

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    Authors: Kent D. Stuckey, Robert L. Ellis

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  • Douglas R. Wilson et al v. Redmond Construction, Inc.

    Publication Date: 2021-07-09
    Practice Area: Attorney Compensation | Civil Procedure | Evidence
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Robert Lovett, (FisherBroyles, LLP), Savannah, for appellant.
    for defendant: Thomas Evans, (Oliver Maner LLP), Savannah, for appellee.

    Case Number: A21A0506

    Bona Fide Controversy Precluded Attorney Fees Award For Stubborn Litigiousness or Unnecessary Trouble and Expense

  • Parr et al. v. Cook County School District et al.

    Publication Date: 2021-07-09
    Practice Area: Government | Personal Injury
    Industry: Education | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: John Spurlin, (Spurlin & McCorvey), Tifton, for appellant.
    for defendant: Daniel Studstill, (Studstill Firm LLP), Nashville, Patrick Dodson, (Jarrard & Davis, LLP), Cumming, for appellee.

    Case Number: A21A0655

    Trial Court Erred In Dismissing Personal Injury Claims Against Individual School Employees In Their Personal Capacities

  • Harris v. The State

    Publication Date: 2021-07-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Angela Coggins, Macon, for appellant.
    for defendant: Daniel Bibler, George Hartwig, (District Attorney Houston Judicial Circuit), Perry, for appellee.

    Case Number: A21A0531

    Evidence Supported School Bus Driver's Convictions For Reckless Driving And First Degree Vehicle Homicide

  • Shadow v. Federal Express Corporation et al.

    Publication Date: 2021-07-08
    Practice Area: Personal Injury
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Melvin Hewitt, Hilary Hunter, Richard Crowson, (Isenberg & Hewitt PC), Atlanta, for appellant.
    for defendant: Christopher Byrd, Frederick Sager, Stephen Mooney, (Weinberg, Wheeler, Hudgins, Gunn & Dial), Atlanta, for appellee. Jerry Landers, (Attorney at Law), Marietta, for Amicus Appellant.

    Case Number: A21A0072

    Court affirms summary judgment for Federal Express in a negligence action filed by an employee injured in a mass shooting at a FedEx facility

  • Shannon v. Hatch

    Publication Date: 2021-07-08
    Practice Area: Court Administration | Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Stuart Bagley, (Attorney at Law), Atlanta, for appellant.
    for defendant: Sean Hynes, (Downey & Cleveland, LLP), Marietta, for appellee.

    Case Number: A21A0577

    Trial Court's Final Judgment Against Party Who Failed to Appeal For Trial Constituted Nonamendable Defect on Record