• Premier Residential SE, LLC et al. v. Silverstone Residential, LLC et al.

    Publication Date: 2023-07-20
    Practice Area: Business Torts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Bryan Busch, Laura Mirmelli, (Busch, Slipakoff, Mills & Slomka, LLC), Atlanta, Tom Pye, (Attorney at Law), Norcross, for appellant.
    for defendant: Katherine Silverman, Lea Dearing, (Berman Fink Van Horn P.C.), Atlanta, for appellee.

    Case Number: A23A0280

    Court affirms in part and reverses in part several aspects of a jury verdict in a complex dispute between former business partners

  • Evans v. Jackson

    Publication Date: 2023-07-20
    Practice Area: Civil Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Jennifer Watts, (Attorney at Law), Decatur, for appellant.
    for defendant: Nathaniel Smith, (Smith & Little, P.C.), McDonough, for appellee.

    Case Number: A23A0630

    Court vacates a trial court order dismissing an appeal in a divorce action but dismisses appeal directly because only the appellate court had jurisdiction to do so

  • Lang Enterprises Ltd. Co. d/b/a Lang Restoration & Construction v. Alcue Properties & Interiors, Inc. d/b/a Primrose School of Lawrenceville North.

    Publication Date: 2023-07-19
    Practice Area: Dispute Resolution
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Natalie Mark, (Taylor English Duma LLP), Atlanta, John Rezac, (Attorney at Law), Atlanta, for appellant.
    for defendant: Brandon Wagner, (Lueder Larkin & Hunter, LLC), Alpharetta, for appellee.

    Case Number: A23A0087

    Court reverses trial court ruling that vacated an arbitration award in favor of a contractor because there was no evidence that the arbitrator disregarded the law

  • Morgan v. Mainstreet Newspapers, Inc.

    Publication Date: 2023-07-19
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Kenneth Lewis, (Lewis & Murphy, LLP), Winder, for appellant.
    for defendant: David Hudson, David Hudson, (Hull Barrett, PC), Augusta, for appellee.

    Case Number: A23A0464

    Court affirms dismissal of councilman's lawsuit for libel against a newspaper because the paper's article was protected under the anti-SLAPP statute

  • State of Georgia v. Brophy

    Publication Date: 2023-07-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Timothy Vaughn, Nicolas Parkerson, (District Attorney’s Office - Oconee Judicial Circuit), Eastman, for appellant.
    for defendant: J. Smith, Michael Cauley, (Smith Cauley, LLC), Dublin, for appellee.

    Case Number: A23A0268

    Court affirms trial court order that forfeiture of a vehicle in an in rem action was excessive in view of the facts of the case

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  • North American Senior Benefits, LLC v. Wimmer et al.

    Publication Date: 2023-07-19
    Practice Area: Contractual Disputes
    Industry: Recruitment and Staffing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Hayes, (Attorney at Law), Atlanta, Thaddeus Wilson, Zachary McEntyre, Valentin Leppert, Andrew Chinsky, (King & Spalding LLP), Atlanta, for appellant.
    for defendant: Jeffrey Mokotoff, Leslie Hartnett, (FordHarrison, LLP), Atlanta, Abigail Larimer, (Morris Manning & Martin LLP), Atlanta, Benjamin Fryer, Charlotte, for appellee.

    Case Number: A23A0162

    Court affirms that a restrictive covenant which prohibits solicitation of employees but lacks explicit geographic limitations is not enforceable under Georgia law

  • Burns v. The State

    Publication Date: 2023-07-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: James Voyles, Alex Devilliers, (Voyles Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Flynn Broady, Linda Dunikoski, (District Attorney Cobb Judicial Circuit), Marietta, for appellee.

    Case Number: A23A0577

    Court affirms convictions for crimes relating to defendant's choking of his girlfriend over his Sixth Amendment-based challenges and contentions of evidentiary error

  • Wallace v. City of Atlanta

    Publication Date: 2023-07-18
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Robin Clark, (Attorney at Law), Atlanta, Cale Brice, (The Brice Law Firm LLC), Atlanta, for appellant.
    for defendant: Kristine Hayter, (Office of the Attorney General), Atlanta, Joshua Foster, (City of Atlanta Department of Law), Atlanta, Ian Kecskes, (Department of Law), Atlanta, for appellee.

    Case Number: A23A0904

    Court affirms dismissal of wrongful death claims against the City because the plaintiff failed to substantially comply with ante litem notice requirements

  • Kendrick v. The State

    Publication Date: 2023-07-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Fani Willis, Virginia Davis, (Fulton County District Attorney’s Office), Atlanta, for appellee.

    Case Number: A23A0500

    Court affirms convictions for battery and firearm possession over defendant's contention that he was not present when trial court excused a juror sua sponte

  • Smartt v. Eldridge

    Publication Date: 2023-07-18
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Stephen Michmerhuizen, Warren Coppedge, (Coppedge and Associates, P.C.), Dalton, for appellant.
    for defendant: David Lockhart, (Bradford & Lockhart, P.C.), LaFayette, Benjamin Bradford, (Benjamin T. Bradford, P.C.), LaFayette, for appellee; Christopher Carr, Keilani Parker, (Attorney General), Atlanta, Ryan Marks, Madison, for other party.

    Case Number: A23A0628

    Court affirms summary judgment in favor of acquirer of fee simple title in surplus property over adjacent property owner's claim that he should have received notice of sale