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  • Delpiano v. JPMorgan Chase Bank, National Association

    Publication Date: 2023-05-29
    Practice Area: Civil Procedure | Real Estate | Tax
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Andrew Stevens, (Stevens, Stevens & Oliver, LLC), Atlanta, for appellant.
    for defendant: Gregory Krivo, (McCalla Raymer Leibert Pierce, LLC), Roswell, John Sullivan, (Burr & Forman, LLP), Atlanta, for appellee.
    Case Number: A23A0564

    Prior Property Owner Lacked Standing to Challenge Lender's Suit to Reform Security Deed

  • Braselton ASC, LLC et al. v. Georgia Department of Community Health et al.

    Publication Date: 2023-05-29
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Armando Basarrate, Elizabeth Kitchens, David Darden, Grace Kopache, (Parker, Hudson, Rainer & Dobbs, LLP), Atlanta, Thomas Cole, (Welchel, Dunlap, Jarrard & Walker, LLP), Gainesville, for appellant.
    for defendant: Christopher Carr, Margaret Eckrote, (Attorney General), Atlanta, Marial Ellis, (Dept. of Community Health), Atlanta, Robert Rozier, Dorothy Cornwell, Brittany Sykes, (Baker & Hostetler LLP), Atlanta, Roger Hatcher, Matthew Smith, (Smith, Gilliam, Williams & Miles, P.A.), Gainesville, Robert Highsmith, Talis Trevino, (Holland & Knight LLP), Atlanta, Daniel Walsh, (Department of Law, State of Georgia), Atlanta, Caylee Noggle, (Commissioner-C/O Office of Health Planning Department of Community Health), Atlanta, for appellee.
    Case Number: A23A0522

    Court affirms award of a certificate of need to one entity where a competing entity had challenged the financial feasibility of the first entity's proposed surgical center.

  • North Fulton Community Charities, Inc. v. Goodstein et al.

    Publication Date: 2023-05-26
    Practice Area: Personal Injury | Real Estate | Wrongful Death
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Matthew Coles, Aaron Tady, (Coles Barton LLP), Lawrenceville, for appellant.
    for defendant: Christopher Cosper, (Hull Towill Norman Barrett & Salley P.C.), Augusta, Mathew Jackson, (Jackson Law Offices, PC), Augusta, for appellee.
    Case Number: A23A0289

    Issue of Material Fact as to Whether Slip-And-Fall Plaintiff Was Aware of Unmarked Speed Bump in Parking Lot

  • Mathis v. The State

    Publication Date: 2023-05-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Kevin Anderson, (Atlanta Judicial Circuit Office of the Public Defender), Atlanta, for appellant.
    for defendant: Elaine Thompson, Fani Willis, Juliana Sleeper, (Fulton County - Office of the County Attorney), Atlanta, for appellee.
    Case Number: A23A0385

    Court affirms denial of motion to withdraw guilty plea that had been based on prosecutorial misconduct, but reverses and remands for analysis of ineffective assistance

  • Rivers v. McCullers

    Publication Date: 2023-05-25
    Practice Area: Civil Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jimmy Hwang, (Attorney at Law), Atlanta, for appellant.
    for defendant: Jonathan Jones, (Attorneys at Law), Marietta, Joel Hausman, (Downey & Cleveland, LLP), Marietta, for appellee.
    Case Number: A23A0554

    Court vacates a trial court's order dismissing an appeal because the trial court did not have jurisdiction to issue that order, but then dismisses that appeal

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    Pennsylvania Commercial Litigation, Ninth Edition

    Authors: Harry F. Kunselman

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  • Colclough v. Georgia Department of Human Services et al.

    Publication Date: 2023-05-25
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Charles Bliss, (Attorney at Law), Atlanta, Sarah Austin, (Atlanta Legal Aid Society), Decatur, for appellant.
    for defendant: Christopher Carr, Jason Naunas, Shalen Nelson, (Attorney General), Atlanta, Ladonya Horton, (Attorney at Law), Decatur, Gregory Weaver, Lithonia, for appellee.
    Case Number: A23A0721

    Court affirms order finding that a child's father is entitled to an overpayment of his child support obligations and remands for consideration of future VA benefits

  • Salaam v. The State

    Publication Date: 2023-05-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: G. Stepp, (G. Richard Stepp, P.C.), Lawrenceville, for appellant.
    for defendant: Patsy Austin-Gatson, Clifford Kurlander, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A23A0091

    Court rejects defendant's challenge to sufficiency of evidence to support convictions for armed robbery and gang activity, but vacates one count due to merger error

  • Velazquez v. Perez

    Publication Date: 2023-05-24
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Michael Manely, William King, (The Manely Firm, P.C.), Marietta, Kaitie Ruhl-Pirone, Cartersville, for appellant.
    for defendant: Anne Thompson de Magana, (Stearns-Montgomery & Proctor), Marietta, for appellee.
    Case Number: A23A0297

    Court affirms divorce decree, child support and spousal support awards, and division of marital assets, but reverses and remands on issues of distributions of certain debts

  • Coe et al. v. Proskauer, LLP

    Publication Date: 2023-05-23
    Practice Area: Civil Procedure | Legal Malpractice
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Harry MacDougald, (Caldwell, Carlson, Elliott & Deloach, LLP), Atlanta, Jeven Sloan, (Deary Ray LLP), Dallas, W. Canada, John McKenzie, David Deary, (Loewinsohn Flegle Deary Simon, LLP), Dallas, for appellant.
    for defendant: Anthony Morris, (Akerman LLP), Atlanta, Shari Klevens, (Dentons US LLP), Washington, Mark Trigg, (Dentons US LLP), Atlanta, David Lederkramer, (Proskauer Rose), New York, for appellee.
    Case Number: A21A0142

    On remand from the Georgia Supreme Court, the court vacated its prior opinion regarding expiration of the statute of limitations and remanded the case to the trial court

  • Joint Development Authority of Jasper County, Morgan County, Newton County and Walton County v. McKenzie et al.

    Publication Date: 2023-05-23
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Andrea Gray, (Andrea P. Gray, LLC), Monroe, Robert Highsmith, Allison Dyer, Woodrow Vaughan, Keith Wiener, (Holland & Knight LLP), Atlanta, Robert Remar, (Rogers & Hardin LLP), Atlanta, Benjamin Brooks, Michael Eber, (Smith, Gambrell & Russell), Atlanta, Laura Flint, Atlanta, Tuttle Barksdale, (Ocmulgee Circuit District Attorneys Office), Eatonton, Andrew Schutt, Atlanta, Henry Chalmers, (Arnall, Golden & Gregory), Atlanta, for appellant.
    for defendant: John Christy, Scott Peters, Jonathan Akins, Stephen Mulherin, (Schreeder, Wheeler & Flint), Atlanta, for appellee; John Woodham, (Woodham Law, LLC), Atlanta,
    Case Number: A23A0574

    Court reverses most parts of an order denying validation of revenue bonds that were proposed to be issued to fund a commercial development