• Brixmor New Chastain Corners SC, LLC v. James

    Publication Date: 2023-03-20
    Practice Area: Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Charles Beans, (McLaughlin Law Firm), Alpharetta, for appellant.
    for defendant: Joshua Stein, (Goodman McGuffey Lindsey & Johnson, LLP), Atlanta, for appellee.

    Case Number: A22A1499

    Court affirms denial of shopping center's summary judgment motion in a trip and fall case due to questions of material fact as to plaintiff's knowledge of a hazard

  • Anderson v. Cribbs

    Publication Date: 2023-03-20
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Divida Gude, (Attorney at Law), Atlanta, for appellant.
    for defendant: Chad Cribbs, Marietta, for appellee.

    Case Number: A22A1225

    Court affirmed father's petition for legitimation of a minor child over mother's arguments regarding drug testing, parenting plan, and child support

  • In the Matter of Gus Vincent Soto.

    Publication Date: 2023-03-17
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Per Curiam
    Attorneys: For plaintiff: Andreea N. Morrison, Paula J. Frederick, Jenny K. Mittelman, William Dallas NeSmith, (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Gus Vincent Soto, (Soto Dui Defense), Tallahassee, for appellee.

    Case Number: S23Y0438

    Court approves disbarment of attorney in Georgia as reciprocal discipline to his suspension from the practice of law in Florida

  • In the Matter of Kara Sherrisse Lawrence.

    Publication Date: 2023-03-17
    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, Jenny K. Mittelman, William Dallas NeSmith, (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Kara Sherrisse Lawrence, Atlanta, for appellee; Catherine Koura, (Constangy, Brooks, Smith & Prophete, LLP), Atlanta, for other party.

    Case Number: S23Y0269

    Court approves disbarment of attorney in view of her multiple violations of Rules of Conduct and aggravating circumstances and abandonment of a client

  • WS CE Resort Owner, LLC v. Holland et al.

    Publication Date: 2023-03-16
    Practice Area: Tax
    Industry:
    Court: Georgia Court of Appeals
    Judge: Justice Pinson
    Attorneys: For plaintiff: Edward Davison Burch, Jr., Edward H. Wasmuth, Jr., Leah Ward Sears, (Smith, Gambrell & Russell, LLP), Atlanta, Jeffrey Spencer Haymore, Julie Louise Sellers, Randolph Baxter Russell, (Dillard Sellers, LLC), Atlanta, Kevin Robert Stone, (Sugarman Law, LLP), Atlanta, John O’Shea Sullivan, (Burr & Forman LLP), Atlanta, for appellant.
    for defendant: John Elwin Stell, Jr., (Stell, Smith & Mattison, P.C.), Winder, for appellee; Joshua Adam Scoggins, Kenneth Stanton Kincaid, (Miles Hansford & Tallant, LLC), Cumming, for Amicus Appellant.

    Case Number: S22G0030

    "Golf Course" Designation on Subdivision Plat Did Not Create Easement Benefiting Homeowners

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    Authors: Barry S. Goodman

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  • Merritts v. North Georgia Veterinary Referral Practice, Inc., et al.

    Publication Date: 2023-03-14
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Cory Close, (Busch Reed & Jones, P.C.), Marietta, Chad Reed , (Attorney At Law), Marietta, Blake Kilday, Marietta, for appellant.
    for defendant: Ryan Wilhelm, (Lewis Brisbois Bisgaard & Smith, LLP), Atlanta, for appellee.

    Case Number: A22A1657

    Court affirms dismissal of professional negligence complaint against veterinarian because plaintiff failed to include the requisite affidavit with her complaint

  • Giller et al. v. Slosberg

    Publication Date: 2023-03-13
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Tyler Dixon, (Raiford & Dixon LLC), Atlanta, Hon. Leah Sears, Sasha Greenberg, (Smith, Gambrell & Russell, LLP), Atlanta, for appellant.
    for defendant: Tyler Dixon, (Raiford & Dixon LLC), Atlanta, Janet Litt, (Janet Litt, LLC), Atlanta, Kevin O’Sullivan, (Cohen Pollock Merlin Turner P.C.), Atlanta, Frederick Sugarman, Matthew Hawk, (Sugarman Law LLP), Atlanta, for appellee.

    Case Number: A21A0001

    On remand, the court reversed its prior opinion and found a trust instrument that included an in terrorem clause to be void due to undue influence

  • In re: Estate of Bette Dwoskin Kurtzman

    Publication Date: 2023-03-13
    Practice Area: Family Law | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Brian Deutsch, (McCurdy and Candler, LLC,), Decatur, Benjamin Pierman, (Harrison & Held, LLP), Atlanta, for appellant.
    for defendant: Stephanie Graham, (The Law Office of Stephanie P. Graham, LLC), Atlanta, Fred Slotkin, (Slotkin Law Firm), Decatur, for appellee.

    Case Number: A23A0399

    Court reverses probate court's appointment of a guardian and conservator and remands for application of the proper analysis for that appointment

  • Gleaton & Associates, Inc. v. Cornelius

    Publication Date: 2023-03-13
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Douglas Clayton, Leah Parker, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, for appellant.
    for defendant: Orion Webb, (Smith, Welch, Webb & White, LLC) Stockbridge, for appellee.

    Case Number: A22A1403

    Court reverses rules in favor of property manager that requested summary judgment on a plaintiff's negligence claim following analysis of lease that gave rise to the claim

  • Burch v. Marta et al.

    Publication Date: 2023-03-13
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Warren Smith, Brent McIntosh, (W. Calvin Smith, II, PC), Atlanta, for appellant.
    for defendant: Nicole Shockley, (Marta), Atlanta, for appellee.

    Case Number: A22A1655

    Court affirms denial of a motion to set aside a summary judgment order where service was made but recipient mistakenly did not see a summary judgment motion