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  • Simms v. Stewart

    Publication Date: 2023-11-08
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Julie Liberman, (Julie A. Liberman, LLC), Marietta, Lisa Rose, (Rose Litigation, LLC), Marietta, for appellant.
    for defendant: Stuart Bagley, (Attorney at Law), Marietta, Dwight Stewart, Bloomfield, for appellee.
    Case Number: A23A0633

    Court reverses jury verdict cancelling a quitclaim deed and orders new trial in dispute over whether a property transfer was an inter vivos gift or a transfer with an intent to sell.

  • Alger v. Atlanta Auto Restoration, LLC

    Publication Date: 2023-11-08
    Practice Area: Civil Procedure
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Nancy Val Preda, (Attorney at Law), Athens, for appellant.
    for defendant: Robert Strickland, (Smith, Welch, Webb & White, LLC), McDonough, for appellee.
    Case Number: A23A0872

    Court reverses a ruling that set aside a default judgment in service of process dispute due to trial court's reliance on an incorrect standard, and remands for application of the correct legal standard

  • Johnson v. The State

    Publication Date: 2023-11-08
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Benjamin Wallace, (Wadkins & Wallace, P.C.), Columbus, Robert Wadkins, (Attorney at Law), Columbus, for appellant.
    for defendant: Lewis Lamb, Trevor Vanzant, (The District Attorney’s Office of the Southwestern Judicial Circuit), Americus, for appellee.
    Case Number: A23A1029

    Trial Counsel's Numerous Alleged Failures Did Not Affect Outcome of Trial

  • Golden Peanut Company, LLC et al. v. Miller et al.

    Publication Date: 2023-10-31
    Practice Area: Expert Witnesses | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: James King, (The King Firm), Tifton, Joseph Hudson, (Hudson Injury Firm), Tifton, Bree Sullivan, (The Sullivan Firm), Thomasville, Leland Kynes, (Kynes Law, LLC), Atlanta, for appellant.
    for defendant: Steven Kyle, (Bovis, Kyle & Burch), Atlanta, Michael Caplan, Timothy Waddell, (Caplan Cobb, LLP), Atlanta, Danielle Le Jeune, Tia Ghattas, Amy Doig, Josh Greenbaum, (Cozen O'connor), Atlanta, for appellee.
    Case Number: A21A1270

    Court of Appeals vacates its prior judgment and vacates a trial court order denying a motion to exclude testimony based on Supreme Court's decision as to expert testimony in a vehicle accident case

  • Gonzalez et al. v. Jones

    Publication Date: 2023-10-31
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jamie Cox, (Georgia Injury Attorneys), Atlanta, for appellant.
    for defendant: Russell Davis, Tyler Adams, (Downey & Cleveland, LLP), Newnan, Laura Golden, (Downey & Cleveland, LLP), Atlanta, Amy Harper, Marietta, for appellee.
    Case Number: A23A0689

    Court vacates dismissal of car accident personal injury case and remands for consideration of adding another defendant under OCGA § 9-11-15 (c) even though after statute of limitations had expired.

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Talboy v. Dukes

    Publication Date: 2023-10-30
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Carol Clark, (Carol Clark Law), Atlanta, James McClung, (Attorney at Law), Atlanta, John Sparks, (Austin & Sparks, P.C.), Atlanta, for appellant.
    for defendant: J. Hord, (Schreeder, Wheeler & Flint, LLP), Atlanta, for appellee.
    Case Number: A23A1068

    Court affirms dismissal of prescriptive easement claim for an underground sewer line because the line was not public and apparent to others

  • The State v. Black

    Publication Date: 2023-10-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Susan Treadaway, (Chief Assistant District Attorney), Marietta, Cliff Head, Alana Driscoll, Kelly Nugent-Chavis, (Cherokee County District Attorney's Office), Canton, for appellant.
    for defendant: Lawrence Zimmerman, (Attorney at Law), Atlanta, Matthew Winchester, (Law Offices of Matthew K. Winchester), Atlanta, for appellee.
    Case Number: A23A0939

    Court reverses evidence suppression order to the extent it had limited admission of evidence seized from warranted search of a cell phone to communications between a defendant and a rape victim

  • Pineda v. Lewis et al.

    Publication Date: 2023-10-26
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Husser, (Husser & Husser, P.C.), Rome, for appellant.
    for defendant: Melissa Hise, (Palmour Law Firm), Summerville, Albert Palmour, (Attorney at Law), Summerville, Albert Palmour, Summerville, for appellee.
    Case Number: A23A0909

    Court reverses probate court's grant of private way because party seeking that right did not establish a prescriptive right but only a historical permissive use of a shared driveway

  • Swarn v. Thompson

    Publication Date: 2023-10-25
    Practice Area: Administrative Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles Bliss, (Attorney at Law), Atlanta, Richard Merritt, (Atlanta Legal Aid Society), Marietta, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Katherine Stoff, (State Law Department), Atlanta, for appellee.
    Case Number: A23A0796

    Court of Appeals reverses denial of Pandemic Unemployment Assistance due to the pandemic's impact on employment of an individual who was self-employed

  • Jackson v. The State

    Publication Date: 2023-10-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: David Lock, (David T. Lock, LLC), Savannah, for appellant.
    for defendant: Shalena Jones, Gabriel Justus, (Eastern Judicial Circuit District Attorney's Office), Savannah, for appellee.
    Case Number: A23A1128

    Court reverses conviction for possession of a firearm by a felon because seizure of that firearm occurred during an improper warrantless search of a home