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  • The State v. Larscheid

    Publication Date: 2023-06-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Peter Johnson, Lenny Krick, Sherry Boston, (Chief Assistant District Attorney Dekalb County D A), Decatur, for appellant.
    for defendant: Lawrence LoRusso, (Lorusso Law Firm, PC), Atlanta, Brian Huckaby, (Oconee Judicial Circuit District Attorney), Eastman, for appellee.
    Case Number: A23A0309

    Court affirms dismissal of indictments against a patrol officer who used force to subdue an alleged perpetrator who had threatened bodily harm

  • Early v. Morgan Fleet Services, Inc.

    Publication Date: 2023-06-09
    Practice Area: Expert Witnesses
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, Samuel Starks, Shean Williams, (The Cochran Firm Atlanta), Atlanta, Andre’ Ramsay, Atlanta, for appellant.
    for defendant: George Welborn, (Downey, Cleveland, Parker & Williams), Marietta, for appellee.
    Case Number: A23A0148

    Court reverses summary judgment and rules that an expert's opinion is admissible in a negligence matter even though the opinion is not based on a hard scientific basis

  • President v. The State

    Publication Date: 2023-06-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Charles Frier, (Attorney at Law), Atlanta, for appellant.
    for defendant: Sherry Boston, Deborah Wellborn, (Dekalb County District Attorney), Decatur, for appellee.
    Case Number: A23A0581

    Prosecutor's Argument That Victim Was Credible Was Based on Reasonable Inference From Evidence, Not on Personal Belief

  • In the Interest of K. R., a Child

    Publication Date: 2023-06-08
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Bryan Villarreal, (Attorney at Law), Cedartown, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Jennifer Ennerberg, (Public Defenders Office Cherokee Judicial Circuit), Cartersville, Shalen Nelson, Mark Cicero, (Assistant Attorney General), Atlanta, for appellee; Evan Stapler, (Attorney at Law), Bremen, Jon Veal, Lisa Dowda, Cedartown, for other party.
    Case Number: A23A0570

    S Dependency Finding Was Supported by Evidence Minor Child Was Physically Abused by Her Adoptive Parent

  • Roberts v. Beacon Funding Corporation

    Publication Date: 2023-06-08
    Practice Area: Contracts
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Yasmin Cunningham, (The Law Office of Trey Ross, PC), Atlanta, Tremaine Ross, Peachtree Corners, for appellant.
    for defendant: James Hays, B. Potter, (Hays Potter & Martin, LLP), Peachtree Corners, James Martin, (Law Office of James W. Martin, P.C.), Atlanta, for appellee.
    Case Number: A23A0031

    Court determines that lessee's affidavit was parol evidence that could not be used to alter the terms of an underlying equipment lease that went into default

  • Law Journal Press | Digital Book

    Texas Insurance Coverage Litigation: The Litigator’s Practice Guide 2024

    Authors: Amy Elizabeth Stewart

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  • Freeman Capital Group, LLC v. Drury et al.

    Publication Date: 2023-06-07
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Joshua Belinfante, Richard Robbins, Daniel Monahan, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, Evan Dunn, Atlanta, for appellant.
    for defendant: William Ashe, (Attorney at Law), Woodbine, Frank Wilensky, (Macey, Wilensky, & Hennings LLP), Sandy Springs, Carl Drury, Kingsland, for appellee.
    Case Number: A23A0429

    Court reverses summary judgment for defendants in a lawsuit involving breach of an LLC operating agreement, breach of fiduciary duty, and unjust enrichment

  • Favorito et al. v. Wan et al.

    Publication Date: 2023-06-07
    Practice Area: Election and Political Law | Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Todd Harding, (Attorney at Law), Griffin, Paul Kunst, (Paul C. Kunst PC), Barnesville, for appellant.
    for defendant: Amanda Clark Palmer, Donald Samuel, (Garland, Samuel & Loeb PC), Atlanta, for appellee; Robert Cheeley, (Cheeley Law Group LLC), Alpharetta, Preston Haliburton, (Haliburton Law Firm), Atlanta, Charles Joyner, (C. David Joyner, P.C.), Buford, Dominique Martinez, David Lowman, Cheryl Ringer, Steven Rosenberg, Kaye Burwell Francesca Black, (Office of the Fulton County Attorney), Atlanta, Charlene McGowan, (Office of the Attorney General), Atlanta, Gabrielle Holland, (Attorney at Law), Alpharetta, William Charles Bundren, (Bundren Law Group, PLLC), Frisco, for other party.
    Case Number: A22A0939

    Remand to Trial Court Necessary to Determine Plaintiffs' Standing to Sue County on Claims of Unlawful Dilution of Election Votes

  • Blackburne & Sons Realty Capital Corporation v. Hughes Construction, Inc. et al.

    Publication Date: 2023-06-07
    Practice Area: Civil Procedure
    Industry: Investments and Investment Advisory
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Heather Brown, (Brown Law, LLC), Roswell, Jill Deutchman, (Deutchman Law, LLC), Atlanta, for appellant.
    for defendant: Lauren Trant, (Coweta County Solicitor’s Office), Newnan, Michael Robl, Maxwell Bowen, (Robl Law Group LLC), Tucker, Garrett Nail, (Portnoy Garner & Nail LLC), Atlanta, for appellee.
    Case Number: A23A0002

    Court vacates orders on summary judgment and remands for the trial court to first determine whether plaintiff may add real parties in interest to a complaint for fraud

  • Lewis v. The State

    Publication Date: 2023-05-31
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Brent Hutchison, (Attorney at Law), Zebulon, for appellant.
    for defendant: Patrick Shepherd, (Spalding County Solicitor General), Griffin, for appellee.
    Case Number: A23A0324

    Court affirms denial of motion to suppress DUI filed sobriety test taken at a roadblock that was at a location other than the location stated on an authorization form

  • James v. Farley

    Publication Date: 2023-05-31
    Practice Area: Privacy
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Christine Scartz, (University of Georgia School of Law Family Justice Clinic), Athens, for appellant.
    for defendant: Kevin Farley, Sparta, for appellee.
    Case Number: A23A0186

    Court reverses trial court's grant of a 12-month stalking protective order because it did not hold a requisite hearing on a petition for the order within 30 days