• Gilmore v. The State

    Publication Date: 2023-10-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: David Gilmore, (Self Represented), Newnan, for appellant.
    for defendant: Sandra Wisenbaker, Zachary Taylor, (Coweta County Solicitor General's Office), Newnan, for appellee.

    Case Number: A23A0793

    Email Evidence Supported Conviction For Misdemeanor Offense of Making Harassing Communications

  • D. L. v. St. Francis Health, LLC

    Publication Date: 2023-10-24
    Practice Area: Premises Liability
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Taylor Martin, (Martin Trial Law), Macon, for appellant.
    for defendant: Robert Martin, Sean Mims, (Hall Booth Smith, P.C.), Columbus, James Brooks, (OakBridge Law Group), Atlanta, Avery Nail, Columbus, for appellee.

    Case Number: A23A1051

    Court reverses summary judgment order in a premises liability case because of questions of fact over whether intervening criminal conduct was reasonably foreseeable

  • Amisano v. Cross Creek Condominium Association, Inc.

    Publication Date: 2023-10-23
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Amelia Phillips, (Phillips Law, LLC), Alpharetta, for appellant.
    for defendant: Jason LoMonaco, Daniel Moore, Victoria Baggett, (NowackHoward, LLC), Atlanta, for appellee.

    Case Number: A23A1088

    Default Should Have Been Set Aside Where Absent Defendant Never Received Clerk-Mailed Notice of Publication, Order, and Complaint

  • Leggat et al. v. Navicent Health, Inc. et al.

    Publication Date: 2023-10-23
    Practice Area: Civil Procedure | Medical Malpractice | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Jeffrey Banks, (Banks & Riedel, PC), Eastman, for appellant.
    for defendant: Hunter Allen, Joscelyn Hughes, Jennifer Bellis, (Bendin Sumrall & Ladner), Atlanta, Samuel Lucas, Stephen Moseley, (Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP), Rome, Jo Jagor, Mikell Reynolds, (Huff Powell Bailey), Atlanta, Austin Atkinson, Mitchell Walker, (Hall Booth Smith PC), Atlanta, for appellee.

    Case Number: A23A0631

    COVID Emergency Order Did Not Support Medical Malpractice Plaintiff's Claim For Additional Time to File Expert Affidavit

  • West v. The State

    Publication Date: 2023-10-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Stanley Schoolcraft, (Circuit Public Defender's Office), McDonough, for appellant.
    for defendant: Fani Willis, Kevin Armstrong, (Fulton County District Attorney's Office), Atlanta, for appellee.

    Case Number: A23A1113

    Court affirms convictions for aggravated sodomy and other crimes over defendant's contentions of ineffective assistance of trial counsel

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    California Premises Liability Law

    Authors: Jayme C. Long

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  • Gallegos-Munoz v. The State

    Publication Date: 2023-10-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Per Curiam Per Curiam
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Atlanta, or appellant,
    for defendant: Patsy Austin-Gatson, Ryan Fisher, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.

    Case Number: A23A0713

    Court states that a defendant must first establish with reasonable probability that a prior sexual abuse allegation was false before that evidence will be admitted

  • Karen Deloach Collins as Personal Representative of the Estate of Benny Deloach v. Schantz

    Publication Date: 2023-10-20
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Gregory Carter, (Brown, Readdick, Bumgartner, Carter, Strickland), Brunswick, for appellant.
    for defendant: Craig Jones, (Craig T. Jones, PC), Washington, for appellee.

    Case Number: A23A0741

    Court affirms denial of summary judgment due to issues of material fact as to whether a sheriff shot the plaintiff with actual malice, but reverses on Constitutional claims

  • Simmons v. The State

    Publication Date: 2023-10-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Jerry Chappell, (Georgia Public Defender Council), Roswell, for appellant.
    for defendant: Lenny Krick, (Assistant District Attorney-Stone Mountain Judicial Circuit), Decatur, Sherry Boston, (Dekalb County District Attorney), Decatur, for appellee.

    Case Number: A23A1078

    Court affirms convictions for armed robbery and other crimes over defendant's contentions that the State improperly sent its work product out to the jury room

  • Padilla-Garcia v. The State

    Publication Date: 2023-10-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Atlanta, for appellant.
    for defendant: Patsy Austin-Gatson, Clifford Kurlander, Christopher DeNeve, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.

    Case Number: A23A0718

    Court vacates an order denying a defendant's constitutional speedy trial claim and remands for the trial court's analysis of those claims under the proper standard

  • P&D Ole Times, LLC v. McCray

    Publication Date: 2023-10-19
    Practice Area: Premises Liability
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Leslie Kennerly, John Smith, (Young, Thagard, Hoffman, Smith & Lawrence), Valdosta, for appellant.
    for defendant: Mark Tate, Andrew Zemany, (Tate Law Group LLC), Savannah, for appellee.

    Case Number: A23A1192

    Court reverses denial of a restaurant's summary judgment motion in a slip-and-fall case because injured plaintiff failed to exercise reasonable care for his safety