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  • Buchanan v. Hannon

    Publication Date: 2023-02-22
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Mark Johnson, Hillary Stringfellow, Amber Carter, (Gilbert Harrell Sumerford & Martin), Brunswick, for appellant.
    for defendant: Thomas Evans, Brian Griffin, Bryan Schivera, (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A22A1650

    Resolution of Ambiguous Will Provision Not Necessary Where Previous Provision Governed

  • Irish Angela Frey, et al. v. Michael C. Jesperson et al.

    Publication Date: 2023-02-22
    Practice Area: Insurance Litigation | Wrongful Death
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Michael Ford, (Ford & Josey, P. C.), Gainesville, for appellant.
    for defendant: Travis Meyer, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, Stevan Miller, Lisa Richardson, (Drew Eckl & Farnham, LLP), Atlanta, Megan Prince-Miller, (Law Offices of McLaughlin & Ream), Atlanta, for appellee.
    Case Number: A22A1589

    Court affirms summary judgment for an insurer in a wrongful death case, finding that decedent had selected reduced-by and not add-on underinsured motorist coverage

  • Roberts v. JP Morgan Chase Bank, N. A. et al.

    Publication Date: 2023-02-21
    Practice Area: Civil Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Catherine Gibson, (The Gibson Law Firm, LLC), Atlanta, for appellant.
    for defendant: Jason Jackson, Denver, Elizabeth Fite, (Kutak Rock LLP), Atlanta, Jeremy Peck, (Kutak Rock LLP), Denver, Kimberly Sheridan, (Gordon & Rees, LLP), Atlanta, for appellee.
    Case Number: A22A1689

    Court vacates order dismissing an appeal because the trial court issued the order without giving the appellant notice and an opportunity for a hearing

  • Hong v. The State

    Publication Date: 2023-02-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Penny Penn, (GA Bell-Forsyth Judicial Circuit), Cumming, Sandra Partridge, (Chief Assistant District Attorney Office of District Attorney), Cumming, for appellee.
    Case Number: A22A1268

    Court affirms convictions for rape and aggravated stalking over defendant's contentions of evidentiary and other error and ineffective assistance of counsel

  • Ewing et al. v. Scott

    Publication Date: 2023-02-21
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Paul Andrew, (Andrew, Merritt, Reilly & Smith), Lawrenceville, for appellant.
    for defendant: Kevin Moore, (Attorney at Law), Atlanta, for appellee.
    Case Number: A22A1382

    In a declaratory judgment action regarding a trust, the court affirmed the denial of equitable relief, vacated a denial of fees, and reversed on an issue of who is a beneficiary

  • Law Journal Press | Digital Book

    Discretionary Tax and Economic Incentives

    Authors: Frederick W. Kindel

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  • MyFamilyDoc, LLC et al. v. Johnston et al.

    Publication Date: 2023-02-17
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Wayne McGrew, Andrew Bagley, (McGrew Miller Bomar & Bagley LLC), Atlanta, for appellant.
    for defendant: Steven Wisebram, Lee Gutschenritter, (Finch, McCranie, Brown Hendrix et al), Atlanta, for appellee.
    Case Number: A22A1714

    Court reverses denial of practitioner's summary judgment motion in a malpractice case where she had not relationship with patient, and affirms denial as to other issues

  • Empire South Realty Advisors, LLC et al. v. Younan

    Publication Date: 2023-02-17
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Darrell Thaw, Andrew Ruberti, (Connell, Thaw & Ruberti, LLC), St. Simons Island, for appellant.
    for defendant: Adam Craft, (McGee & Craft PC), Waycross, for appellee.
    Case Number: A22A1256

    Court affirms dismissal of libel claim, which was an unactionable statement of opinion, but reverses dismissal of claims for slander, emotional distress, and defamation

  • City of Alpharetta v. Francis et al.

    Publication Date: 2023-02-17
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Amy Cowan, Dana Maine, Marrissa Dunn, (Freeman Mathis & Gary, LLP), Atlanta, for appellant.
    for defendant: Jason Mirabella, (Mahaffey Pickens Tucker, LLP), Marietta, Mark Weinstein, Camesha Mitchell, (Law Offices of Mark Weinstein P.C.), Cumming, for appellee.
    Case Number: A22A1533

    Court reverses denial of a municipality's motion to dismiss a claim where the claimant's ante litem notice included a range but not a specific damages amount

  • Torres-Toledo v. The State

    Publication Date: 2023-02-13
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Stephen Reba, (Attorney at Law), Atlanta, for appellant.
    for defendant: Lee Darragh, (District Attorney, NEJC of GA), Gainesville, Patrick Shuler, (Hall County District Attorney’s Office), Gainesville, for appellee.
    Case Number: A22A1544

    Appellant Waived Breach of Plea Agreement Claim By Failing to Address Trial Court's Stated Reason For Denying His Motion

  • Perrie v. Sticher

    Publication Date: 2023-02-13
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Kathy Portnoy, (Portnoy, Garner & Nail, LLC), Atlanta, for appellant.
    for defendant: Daniel Greenfield, (Jack F. Witcher), Bremen, Kathleen Connell, (Connell Cummings, LLC), Atlanta, for appellee.
    Case Number: A22A1429

    Family Law Court Erred In Issuing Modified Custody Order Without Providing Prior Notice of Issues To Be Tried