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  • Waller v. The State

    Publication Date: 2022-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Leslie Jones, (Leslie Spornberger Jones LLC), Athens, for appellant.
    for defendant: Tuttle Barksdale, (Ocmulgee Circuit District Attorneys Office), Eatonton, Faith Worley, (Ocmulgee Judicial Circuit District Attorney’s Office), Gray, for appellee.
    Case Number: A22A1145

    Trial Court Erred in Believing It Was Required to Sentence Recidivist Drug Offender to Life Without Parole

  • Chausmer et al. v. Gottlieb et al.

    Publication Date: 2022-11-21
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Aaron Chausmer, (Chausmer Law LLC), Atlanta, for appellant.
    for defendant: Darryl Haynes, (Lynn Leonard & Associates), Atlanta, for appellee.
    Case Number: A22A0620

    Court affirms summary judgment in favor of one property owner whose tree fell and damaged another owner's house, finding no evidence of knowledge of a defect

  • West v. Miller et al.

    Publication Date: 2022-11-21
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Martin Fierman, (Attorney at Law), Madison, Ben Fierman, (Fierman Law Firm), Madison, for appellant.
    for defendant: Michelle Chaudhuri, (Attorney at Law), Conyers, Kevin Epps, Tyler Gaines, (Epps, Holloway, DeLoach & Hoipkemier, LLC), Watkinsville, Adam Rosenberg, (Rennie & Rosenberg), Watkinsville, Brian Toney, (The Law Office of Alan Toney), Macon, Matthew Miller, Madison, for appellee.
    Case Number: A22A1122

    Possible Closest Heir's Timely Motion to Intervene in Will-Construction Case Should Have Been Granted

  • Cunningham v. The State

    Publication Date: 2022-11-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Gregory Hicks, (Law Office of Gregory A. Hicks), Woodstock, for appellant.
    for defendant: Cliff Head, Shannon Wallace, (Assistant District Attorney Blue Ridge Judicial Circuit), Canton, for appellee.
    Case Number: A22A0819

    Court confirms conviction for sexual exploitation of a minor over defendant's challenges to the sufficiency of evidence.

  • Moss v. The State

    Publication Date: 2022-11-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Benjamin Goldberg, (The Law Office of Ben Goldberg, LLC), Mableton, for appellant.
    for defendant: John Edwards, Marietta, Flynn Broady, Leslie Coots, (District Attorney Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A22A0787

    Court affirms convictions for rape and other crimes committed in 1997 over defendant's multiple evidentiary challenges and contentions of trial court error

  • Law Journal Press | Digital Book

    Appellate Practice in Federal and State Courts

    Authors: David M. Axelrad

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  • Choi v. Sierra Construction Company, Inc.

    Publication Date: 2022-11-14
    Practice Area: Contractual Disputes | Corporate Entities
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Keith Hasson, Michael O’Neill, (Hasson Law Group LLP), Atlanta, Mariana Melendez, Atlanta, for appellant.
    for defendant: Jefferson Allen, Erin Lewis, (Cohen Cooper Estep & Allen, LLC), Atlanta, for appellee; Steven Newton, (Steven N. Newton, LLC), Peachtree City, Jin Choi, Roswell, for other party.
    Case Number: A22A1057

    Court reverses a judgment on a breach of a construction contract against an individual due to improper jury instructions on the issue of joint venture liability

  • City of College Park et al. v. Martin

    Publication Date: 2022-11-10
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Winston Denmark, Valorri Jones, (Fincher Denmark LLC), Jonesboro, Amy Katz, Atlanta, for appellant.
    for defendant: Matthew Billips, (Barrett & Farahany), Atlanta, for appellee.
    Case Number: A22A0740

    Open Meetings Act does not require a vote for appointment of interim officials, and trial court erred in granting former employee's summary judgment motion on that basis

  • Adventure Motor Sports Reinsurance, Ltd et al. v. Interstate National Dealer Services, Inc.

    Publication Date: 2022-11-10
    Practice Area: Contractual Disputes | Dispute Resolution
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jeffrey Holm, (Withrow McQuade & Olsen LLP), Atlanta, for appellant.
    for defendant: Kenton Coppage, (Fox Rothschild LLP), Atlanta, Jeffrey Kingsley, (Goldberg Segalla LLP), Buffalo, for appellee.
    Case Number: A20A0036

    Court adopts Georgia Supreme Court opinion that an arbitrator did not overstep his authority, and remands case for confirming court to address fees and post-award interest

  • Children's World Learning Center v. Carter et al.

    Publication Date: 2022-11-09
    Practice Area: Personal Injury | Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Gailya McElroy, (Attorney at Law), Austell, Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, for appellant.
    for defendant: Francis Morris, (Morris Law Firm), Tifton, for appellee.
    Case Number: A22A0934

    Parent of Child Injured on Daycare Playground Offered no Evidence to Support Allegation of Breach of Duty of Care

  • Whitehead et al. v. Green as the Parent of Green, Deceased Minor et al.

    Publication Date: 2022-11-09
    Practice Area: Premises Liability | Wrongful Death
    Industry: Consumer Products
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Thomas Brennan, (Fain, Major, & Brennan, P.C.), Atlanta, Matthew Dowling, (State of Georgia Department of Law), Atlanta, William Mitchell, (Cruser Mitchell Novitz Sanchez Gaston & Zimet LLP), Norcross, Reynolds Pitts, (Jonathan R. Brockman, P.C.), Atlanta, for appellant.
    for defendant: Anna Cross, (The Cross Firm LLC), Decatur, Matthew Wilson, Adam Princenthal, (Princenthal & May, LLC), Sandy Springs, Darren Summerville, Jonathan Flack, (The Summerville Firm), Atlanta, Meredith Kincaid, (Cross Kincaid), Decatur, for appellee; Claire Williamson, Brad Parrott, (Hudson Lambert Parrott Walker LLC), Atlanta, for other party.
    Case Number: A22A0797

    Court reverses denials of defendants' summary judgment motions in a wrongful death case following the drowning death of a four-year old