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  • Dekalb County et al v. City of Chamblee

    Publication Date: 2023-11-15
    Practice Area: Tax
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Richard Carothers, (Attorney at Law), Buford, Brian Dempsey, Thomas Mitchell, (Carothers & Mitchell, LLC), Buford, for appellant.
    for defendant: Todd Pearson, (Molden & Associates), Atlanta, Winston Denmark, (Fincher Denmark LLC), Jonesboro, Paul Dzikowski, (Law Office of Paul J Dzikowski PC), Norcross, for appellee; Robert Reeves, Sarah Flanders, (Andersen Tate & Carr, P.C.), Duluth, for other party.
    Case Number: A23A0798

    Court reverses denial of the County's motion to dismiss the City's claims for declaratory judgment, payment of back taxes, and assessment of occupancy taxes for airport leasehold interests

  • LHNH Perimeter, LLC v. ACV Chamblee, LLC et al.

    Publication Date: 2023-11-15
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Lawrence Washburn, Eric Mueller, (Wilson Elser Moskowitz Edelman & Dicker), Atlanta, Elchanan Engel, (Neuberger, Quinn, Gielen, Rubin & Gibber, P. A.), Baltimore, for appellant.
    for defendant: David Turner, Andrea Pawlak, Kevin Ward, (Schulten Ward & Turner, LLP), Atlanta, for appellee.
    Case Number: A23A0727

    Court reverses trial court's cancellation of prospective purchasers' notice of lis pendens in a dispute over the failed purchase of an apartment complex

  • XIE Law Offices, LLC et al. v. Luo

    Publication Date: 2023-11-15
    Practice Area: Dispute Resolution
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Erika Birg, (Nelson Mullins Riley & Scarborough LLP), Atlanta, for appellant.
    for defendant: Glianny Fagundo-Toro, (Thompson Hine LLP), Atlanta, David Minces, (Minces Rankin PLLC), Bellaire, for appellee.
    Case Number: A23A0985

    Court affirms confirmation of an arbitration award in favor of an employee and denies employer's motion to vacate confirmation, but vacates and remands a portion of the order related to interest

  • Ovation Condominium Association, Inc. v. Cox

    Publication Date: 2023-11-14
    Practice Area: Premises Liability | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Samantha Mandell, Michael Kendall, (Kendall Mandell LLC), Douglasville, for appellant.
    for defendant: William Downs, Benjamin Baker, (Downs Law, LLC), Atlanta, for appellee.
    Case Number: A23A0933

    Trial Court Erred in Ruling on Summary Judgment Motion Without Conducting Necessary Daubert Analysis

  • Chandler v. City of Lafayette

    Publication Date: 2023-11-14
    Practice Area: Government | Motor Vehicle Torts
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Nathan Lock, (McCamy Phillips Tuggle & Fordham, LLP), Dalton, for appellant.
    for defendant: Ryan Ray, Ronald Womack, (Womack, Rodham & Ray, P.C.), Lafayette, for appellee.
    Case Number: A23A1037

    Genuine Issues of Material Fact as to Whether Firetruck Driver's Negligence Proximately Caused Vehicle Collision

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  • Doe et al v. Broady et al.

    Publication Date: 2023-11-14
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Lloyd Walker, (Attorney at Law), Peachtree City, for appellant.
    for defendant: Christopher Carr, Stephen Petrany, James Barrett, (Attorney General of Georgia), Atlanta, for appellee.
    Case Number: A23A1607

    Court affirms dismissal of plaintiffs' challenge to constitutionality of the Georgia LIFE act because they were not pregnant and therefore lacked standing to bring their action

  • In re Bruni

    Publication Date: 2023-11-14
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Allen Meadors, (Allen Meadors Practitioners), Atlanta, James Morton, (Attorney at Law), Atlanta,for appellant.
    for defendant: Robert Carlson, Harry MacDougald, Lauren Miller, (Caldwell, Carlson, Elliott & DeLoach LLP), Atlanta, for appellee; Mercedes Murrell, (Attorney at Law), Atlanta, for other party.
    Case Number: A23A1099

    Court dismisses appeal to conservatorship orders because it lacked jurisdiction, given that the orders were not final and proceedings remained pending. In the probate court

  • Walton Electric Membership Membership Corporation et al v. Georgia Power Company

    Publication Date: 2023-11-13
    Practice Area: Administrative Law
    Industry: Energy
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: David Cook, (Autry Hall & Cook LLP), Atlanta, Curtis Romig, (Bryan Cave, LLP), Atlanta, Nicholas Bedo, (Bryan Cave Leighton Paisner LLP), Atlanta, Christopher Carr, (Attorney General), Atlanta, Daniel Walsh, (Department of Law, State of Georgia), Atlanta, for appellant.
    for defendant: Robert Edwards, Thomas Reilly, William Smith, (Troutman Pepper Hamilton Sanders LLP), Atlanta, for appellee.
    Case Number: A23A0746

    Court determines that a property owner did not destroy or dismantle a facility such that it was entitled to switch electricity providers from Georgia Power Company under the Territorial Service Act

  • Simmons v. Flint, Connolly & Walker, LLP et al.

    Publication Date: 2023-11-13
    Practice Area: Legal Malpractice | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William Akin, S. Tate, (Akin & Tate, LLC), Cartersville, for appellant.
    for defendant: Eric Frisch, Caroline Scalf, (Copeland, Stair, Kingma & Lovell), Atlanta, for appellee; William Lester, Charles Pollack, (Fryer, Shuster & Lester, P.C.), Atlanta, Monica Gilroy, (The Gilroy Firm), Atlanta, for other party.
    Case Number: A23A0732

    Buyer's Attorney Had No Duty to Non-Client to Ensure Real Estate Transaction Accorded With Non-Client's Understanding

  • Houed-Cartacio v. The State

    Publication Date: 2023-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: William Hart, (William M Malone Hart PC), Vidalia, for appellant.
    for defendant: Joseph Black, Judith Catoe-Oglesby, Keith McIntyre, (Assistant District Attorney), Statesboro, for appellee.
    Case Number: A23A1011

    Court vacates denial of motion to withdraw a guilty plea and remands for determination of whether plea counsel had a conflict of interest and whether it significantly affected his performance