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  • Smith et al. v. State of Georgia

    Publication Date: 2023-03-22
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Christopher Anulewicz, Patrick Silloway, (Balch & Bingham LLP), Atlanta, Douglas McMillan, (Shingler & McMillan LLC), Donalsonville, Eric Gay, (Law Office of Eric L. Gay, LLC), Bainbridge, for appellant.
    for defendant: David Forehand, (Davis & Forehand), Cordele, Joseph Mulholland, Moruf Oseni, (Office of the District Attorney, South Georgia Circuit), Bainbridge, Douglas Dean, (Lawson & Reid), Cordele, for appellee.
    Case Number: A22A1455

    Court affirms order denying a motion to dismiss an asset forfeiture case because underlying complaint met all pleading requirements

  • Slaughter v. The State

    Publication Date: 2023-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Jenny Smith, (The Law Office of Jenny C. Smith, LLC), Cumming, for appellant.
    for defendant: Christopher Arnt, (District Attorney), Lafayette, David Wolfe, (Lookout Mountain Judicial Circuit District Attorney’s Office), Ringgold, for appellee.
    Case Number: A22A1162

    Court affirms convictions for home invasion and other crimes over defendant's multiple contentions of ineffective assistance of counsel

  • Sprayberry et al. v. Board of Commissioners of Putnam County et al.

    Publication Date: 2023-03-22
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jeffrey Haymore, G. Dillard, (Dillard Sellers LLC), Atlanta, for appellant.
    for defendant: Frank Nelson, mark shaefer, (Fleming & Nelson, LLP) Evans, for appellee.
    Case Number: A22A1329

    Court reverses denial of a petition for a zoning variance where superior court based that denial on an improper interpretation of a zoning ordinance

  • Sanders v. The State

    Publication Date: 2023-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Jonah Sanders, (Augusta State Medical Prison), Grovetown, for appellant.
    for defendant: Fani Willis, Kevin Armstrong, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: A23A0475

    Amended Motion to Modify Sentences Denied as Untimely by Trial Court Referred Back to Earlier, Timely Motion to Modify

  • Miller v. Evans

    Publication Date: 2023-03-21
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Avery, (The Avery Firm LLC), Atlanta, for appellant.
    for defendant: William Richardson, Lynn Leonard and Associates), Atlanta for appellee.
    Case Number: A22A1490

    Court vacated denial of motion to withdraw a settlement that was based on a scrivener's error and remands case for application of proper equitable factors

  • Law Journal Press | Digital Book

    Georgia Business Litigation 2024

    Authors: Robert C. Port

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  • The State v. Ray

    Publication Date: 2023-03-21
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Susan Treadaway, (Chief Assistant District Attorney Cobb Judicial Circuit), Marietta, Cliff Head, (Assistant District Attorney Blue Ridge Judicial Circuit), Canton, Lara Snow, (Cherokee County D.A.’S Office), Canton, Shannon Wallace, (District Attorney), Canton, for appellant.
    for defendant: Amanda Speights, (Speights Law, PC), Canton, Scott Poole, (Grisham & Poole, P.C.), Canton, for appellee.
    Case Number: A22A1741

    Defendant Suffered Prejudice As Result of Trial Counsel's Failure to Seek Dismissal of Indictment on Speedy Trial Grounds

  • Overlook Gardens Properties, LLC et al. v. Orix, USA, LP et al.

    Publication Date: 2023-03-21
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Neal Callahan, Clarence Mullin, (Waldrep, Mullins & Callahan), Columbus, Charles Gower, (Attorney at Law), Columbus, Patrick Fagan, Michael Terry, Frank Lowrey, (Bondurant, Mixson & Elmore), Atlanta, Miranda Brash, Shaun O’Hara, (Charles A. Gower PC), Columbus, for appellant.
    for defendant: Philip Green, W. Persons, Thaddeus Wilson, Valentin Leppert, (King & Spalding LLP), Atlanta, for appellee.
    Case Number: A22A1627

    Loan Expediter Did Not Breach Promise to Exercise Good Faith in Obtaining Best Available Interest Rates For Real Estate Developer

  • Mejia v. The State

    Publication Date: 2023-03-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Humberto Mejia, (Jenkins Correctional Facility), Millen, for appellant.
    for defendant: Flynn Broady, Elizabeth York, (Cobb County District Attorney’s Office), Marietta, for appellee.
    Case Number: A22A1711

    Pronounced Sentence of "life to serve 20 years" For Sex Crime Convictions Was Not Unlawfully-Probated Life Sentence

  • Jackson County Board of Education v. City of Commerce Board of Education et al.

    Publication Date: 2023-03-20
    Practice Area: Education Law | Government
    Industry: Education | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Edward Marshall, Henry Chalmers, Morgan Harrison, (Arnall Golden Gregory, LLP), Atlanta, for appellant.
    for defendant: John Stell, (Stell, Smith & Mattison, P.C.), Winder, R. Syfan, (Hulsey, Oliver and Mahar, LLP), Gainesville, for appellee.
    Case Number: A22A1664

    Educational Services Agreement Between County and City Education Boards Was Enforceable Intergovernmental Contract

  • Yeamans v. The State

    Publication Date: 2023-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Atlanta, for appellant.
    for defendant: Penny Penn, (GA Bell-Forsyth Judicial Circuit), Cumming, Jennifer Scalia, (Assistant District Attorney), Cumming, for appellee.
    Case Number: A22A1451

    Court reverses convictions for computer pornography and attempted child molestation due to trial court error, but rules that evidence was sufficient for conviction