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  • Power v. Toccoa Dreams, LLC et al.

    Publication Date: 2023-03-31
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William Jourdain, Brittany Hepner, (The Minor Firm), Dalton, for appellant.
    for defendant: William Martin, (Drew Eckl & Farnham, LLP), Atlanta, Nathan Hall, (Drew Eckl & Farnham, LLP), Chicago, for appellee; Sarah Illg, (Teague Law), East Ellijay for other party.
    Case Number: A22A1347

    A renter of a vacation property is not liable for a slip and fall accident under an exculpatory clause in the rental agreement, as that clause is void under OCGA §13-8-2(b).

  • In the Matter of L. Nicole Hamilton.

    Publication Date: 2023-03-30
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Per Curiam
    Attorneys: For plaintiff: James Stephen Lewis, Paula J. Frederick, William Dallas NeSmith, Jenny K. Mittelman, (State Bar of Georgia), Atlanta, for appellant.
    for defendant: L. Nicole Brantley, Rincon, for appellee; Quentin LaMont Marlin, (Ellis Painter Ratterree & Adams LLP), Savannah, for other party.
    Case Number: S23Y0201

    Six-Month Suspension Appropriate Discipline Following Attorney's Failure to Return Unearned Fees and Timely Pay Arbitration Award

  • In the Matter of David John Pettinato.

    Publication Date: 2023-03-30
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Per Curiam
    Attorneys: For plaintiff: Warren Raymond Hinds, (Warren R. Hinds, P.C.), Roswell, for appellant.
    for defendant: Jenny K. Mittelman, Paula J. Frederick, William Dallas NeSmith, (State Bar of Georgia), Atlanta, for appellee.
    Case Number: S23Y0434

    Ten-Day Suspension Appropriate as Reciprocal Discipline For Similar Discipline Impose on Georgia Attorney Licensed in Florida

  • In the Matter of Dana Nicole Jackson.

    Publication Date: 2023-03-30
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Per Curiam
    Attorneys: For plaintiff: William Van Hearnburg, Jr., Paula J. Frederick, Jenny K. Mittelman, William Dallas NeSmith, (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Dana Nicole Jackson, (The Law Office of Dana N. Jackson), Snellville, for appellee; Samuel Jeffrey Rusbridge, (Dyer & Rusbridge, P.C.), Canton, for other party.
    Case Number: S23Y0451

    Disbarment Was Appropriate Sanction After Attorney Knowingly Converted Client's Property

  • Freeman v. The State

    Publication Date: 2023-03-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Atlanta, for appellant.
    for defendant: Patsy Austin-Gatson, Christopher DeNeve, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A23A0174

    Court affirms convictions for rape, burglary, and other crimes over defendant's contentions on insufficient evidence, trial court error, and ineffective assistance

  • Law Journal Press | Digital Book

    New Jersey Law of Personal Injury: With the Model Jury Charges 2024

    Authors: James Hely, Donald A. Digioia

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  • Georgia Department of Transportation v. White

    Publication Date: 2023-03-28
    Practice Area: Land Use and Planning
    Industry: Consulting | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Julie Jacobs, Christopher Carr, (Attorney General), Atlanta, Alkesh Patel, Zachary Johnson, (Georgia Department of Law), Atlanta, for appellant.
    for defendant: William White, (Smith, Welch, Webb & White), McDonough, for appellee.
    Case Number: A22A1198

    Court reverses summary judgment order that had been in favor of an applicant whose construction permit application was denied and remands the matter to the trial court

  • Porter v. The State

    Publication Date: 2023-03-28
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: James Oxford, (Oxford Law Firm), Rome, for appellant.
    for defendant: Jonathan Adams, (Office of the District Attorney, Towaliga Judicial Circuit), Jackson, Dorothy Hull, (Assistant District Attorney), Forsyth, Jessica Haygood, (Towaliga Judicial Circuit), Forsyth, for appellee.
    Case Number: A22A1719

    Court dismisses appeal because it had no jurisdiction over it, given that defendant had pending motions for a new trial or arrest in judgment before the trial court

  • Whipkey v. The State

    Publication Date: 2023-03-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Herman Kilgore, (Attorney at Law), Marietta, for appellant.
    for defendant: Flynn Broady, Leslie Coots, (Cobb County District Attorney’s Office), Marietta, for appellee.
    Case Number: A22A1722

    Court affirms convictions for rape, enticing a minor, and related crimes over defendant's contentions of evidentiary error and ineffective assistance.

  • Benton v. The State

    Publication Date: 2023-03-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Steven Sparger, (Attorney at Law), Savannah, for appellant.
    for defendant: Shalena Jones, Abigail Long, (Eastern Judicial Circuit District Attorney’s Office), Savannah, for appellee.
    Case Number: A21A1118

    Revocation of a first offender's probation does not automatically result in a conviction, and his first offense cannot be used as a conviction for enhanced sentencing

  • In the Interest of N. E. K., a child.

    Publication Date: 2023-03-27
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Carlton Nelson, (Attorney at Law), Dublin, for appellant.
    for defendant: Christopher Carr, Shalen Nelson, (Attorney General), Atlanta, Jennifer McComas, (Jennifer T. McComas, P.C.), Vidalia, Emily Harris, (Department of Law), Atlanta, for appellee.
    Case Number: A22A1471

    Court reverses termination of parental rights of both a father and a mother as to their child because the record showed no intent to abandon, or specific harm to the child