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  • Hartwell Railroad Company et al. v. Hartwell First United Methodist Church, Inc.

    Publication Date: 2023-11-28
    Practice Area: Real Estate
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: John Hall, Mark Toth, (Hall, Bloch, Garland, And Meyer), Macon, for appellant.
    for defendant: Walter Gordon, Kimberly Higginbotham, (The Gordon Law Firm, Attorneys at Law, LLC), Hartwell, for appellee.
    Case Number: A23A1021

    Language of Deeds in Chain of Title Showed Property Owner Acquired Fee Simple Title to Land Under Railroad Spur Track

  • Phelps v. Phelps

    Publication Date: 2023-11-28
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Patricia Shewmaker, (Shewmaker & Lewis, LLC), Peachtree Corners, for appellant.
    for defendant: Beverly Cohen, (Attorney at Law), Roswell, Stephen Sikes, (Law Offices of Scot Sikes), Columbus, for appellee.
    Case Number: A23A0646

    Court vacates and remands declaratory judgment that modified an original decree in a divorce case over division of military retirement

  • State of Georgia v. Chapman

    Publication Date: 2023-11-28
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Christopher Carr, Robert Hamilton, Loretta Pinkston-Pope, Charles Francis, (Attorney General), Atlanta, for appellant.
    for defendant: Thomas Hackel, (Attorney at Law), Waycross, for appellee; Amy Urban, (Georgia State Board of Workers’ Compensation), Atlanta, for other party.
    Case Number: A23A0989

    In a workers' compensation case, court affirms that injured worker's rights were violated when an administrative law judge made factual findings on an issue that was not properly before it

  • Temples et al. v. Hitson

    Publication Date: 2023-11-28
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Meredith Lowry, (Lowry Law, LLC), Blue Ridge for appellant.
    for defendant: Larry Mayfield, (Smith, Welch, Webb & White, LLC), Barnesville, for appellee.
    Case Number: A23A1072

    Court reverses dismissal of lawsuit against a defendant who had died after its filing because no suggestion of death had been served on a nonparty representative to enable substitution of a party

  • Morgan County Hospital Authority v. City of Madison

    Publication Date: 2023-11-27
    Practice Area: Government | Health Care Law | Real Estate
    Industry: Health Care | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Kirk Fjelstul, Kathryn Zickert, (Smith, Gambrell & Russell LLC), Atlanta, for appellant.
    for defendant: James Carter, (James E. Carter Law Firm, LLC), Athens, Frank Jenkins, (Jenkins, Bowen & Walker, P.C.), Cartersville, for appellee.
    Case Number: A23A0795

    Proposed Drug Treatment Facility Would Be Continuation of Long-Time Hospital Use Already Occurring in City Location

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    Bucks County Court Rules 2023

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  • The State v. Robertson

    Publication Date: 2023-11-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Peter Johnson, Lenny Krick, Sherry Boston, (Assistant District Attorney-Stone Mountain Judicial Circuit), Decatur, for appellant.
    for defendant: Gerard Kleinrock, (Attorney at Law), Decatur, for appellee.
    Case Number: A23A1012

    Court reverses trial court's grant of defendant's motion for a new trial on charges of vehicular homicide and other crimes, finding that error in admitting BAC evidence did not contribute to verdict

  • Freedom Heights, LP v. Lowndes County Board of Tax Assessors

    Publication Date: 2023-11-27
    Practice Area: Real Estate | Tax
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Edward Preston, Kayla Barnes, (Coleman Talley LLP), Valdosta, for appellant.
    for defendant: Walter Elliott, William Elliott, (Elliott Blackburn & Gooding PC), Valdosta, for appellee.
    Case Number: A23A1103

    Court affirms partial summary judgment in favor of county tax assessors in valuation dispute over rent-restricted apartment complex, finding that application of an income approach was inapplicable

  • Shelley Namdar-Yeganeh v. Cyndi Namdar-Yeganeh et al.

    Publication Date: 2023-11-27
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Leslie O’Neal, (O’Dell & O’Neal), Marietta, Laura Higginbotham, Marietta, for appellant.
    for defendant: Gary Graham, Erik Chambers, (Stern & Edlin), Atlanta, for appellee.
    Case Number: A23A0999

    Court concludes that Georgia's Grandparent Visitation Statute does not authorize grandparents to file actions to modify existing grandparent visitations orders apart from a properly pending action

  • Bonner v. The State

    Publication Date: 2023-11-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Noah Pines, (Ross & Pines, LLC), Atlanta, for appellant.
    for defendant: David White, (District Attorney), Atlanta, Michael Coveney, (District Attorney’s Office of the Northern Judicial Circuit), Danielsville, for appellee.
    Case Number: A23A0970

    Court affirms convictions for attempted murder and neglect of an elder person over defendant's contentions of insufficient evidence and ineffective assistance of counsel

  • McLeod v. Costco Wholesale Corp. et al.

    Publication Date: 2023-11-24
    Practice Area: Business Torts | Civil Procedure
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Torin Togut, (Attorney at Law), Lawrenceville, for appellant.
    for defendant: John Murray, Lauren Gregory, Connor Bateman, (Seyfarth, Shaw, Fairweather & Geraldson), Atlanta, for appellee.
    Case Number: A23A1055

    General Remedy For Failure to Plead Fraud-Related Claims Was More Definite Statement, Not Dismissal