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  • Harvard v. The State

    Publication Date: 2022-09-27
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Mickey Waller, (Mickey E. Waller, PC), Moultrie, for appellant.
    for defendant: Catherine Smith, (Assistant District Attorney), Thomasville, Bradfield Shealy, (District Attorney Southern Judicial Circuit), Valdosta, for appellee.
    Case Number: A22A1142

    Defendant Failed to Show Prejudice From Trial Counsel's Failure to Call Expert Witness to Challenge Forensic Interviews of Victims

  • Hackett v. Stapleton et al.

    Publication Date: 2022-09-26
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Beverly Cohen, (Attorney at Law), Roswell, for appellant.
    for defendant: Andrew Lavoie, (Bruce, Mathews & Lavoie), Statesboro, Susan Cox, (Susan W. Cox, LLC), Peachtree Corners Paige Navarro, (Hall & Navarro, LLC), Statesboro, for appellee; Courtney Anderson, (C. Joiner Anderson & Associates, PC), Lyons, Susan Cox, (Susan W. Cox, LLC), Peachtree Corners, Cheryl Kelly, (C. Kelly Law LLC), Atlanta, Marcol Harvey, (Gordon Rees Scully Mansukhani, LLP), Atlanta, for other party.
    Case Number: A22A0773

    Court affirms equitable custody of a minor child to his primary caregivers and denial of father's legitimation, petition and remands for assessment of legal and physical custody

  • Vaughn v. Vaughn

    Publication Date: 2022-09-26
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Austin Buerlein, (Elovitz, Edwards, O’Nan & Buerlein, LLC), Atlanta, for appellant.
    for defendant: Anthony Zezima, (Attorney at Law), Lawrenceville, for appellee.
    Case Number: A22A0621

    Court reverses trial court's impermissible modification of a divorce settlement decree but affirms award of certain costs due to concessions made by husband's lawyer

  • Knaack v. Henley Park Homeowners Association, Inc.

    Publication Date: 2022-09-26
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: David Metzger, Gala Villahoz, (Williams Teusink, LLC), Decatur, for appellant.
    for defendant: Rebecca Strickland, Christine Russell, (Swift, Currie, McGhee & Hiers, LLC), Atlanta, for appellee.
    Case Number: A22A0743

    Court vacates summary judgment for an association as to a property owner's claims that should be brought as a derivative action and remands for dismissal of those claims

  • Rozier v. The State

    Publication Date: 2022-09-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jerry Chappell, (Solo Practicioner), Roswell, for appellant.
    for defendant: Sherry Boston, Jason Rea, (DeKalb County District Attorney’s Office), Decatur, for appellee.
    Case Number: A22A0642

    Court affirms convictions on two counts of aggravated cruelty to animals but vacates defendant's sentence and remands for resentencing due to merger error

  • Law Journal Press | Digital Book

    Appellate Practice in Federal and State Courts

    Authors: David M. Axelrad

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  • Hamilton Mill Theatre Development, LLC v. Regal Cinemas, Inc.

    Publication Date: 2022-09-23
    Practice Area: Landlord Tenant Law
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: James Hawkins, (James W Hawkins LLC), Cumming, Cary Ichter, (Attorney at Law), Atlanta, for appellant.
    for defendant: John Perry, Jennifer Collins, (Womble, Carlyle, Sandridge & Rice, PLLC), Atlanta, for appellee.
    Case Number: A22A0715

    Court affirms summary judgment for commercial tenant in a dispute over nonpayment of rent when tenant's operations were suspended during the pandemic

  • Scott v. The State

    Publication Date: 2022-09-23
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jerry Pilgrim, (The Pilgrim Law Group, LLC), Villa Rica, for appellant.
    for defendant: Matthew Ciccarelli, (Office of the District Attorney, Stone Mountain Circuit Office of the District Attrorney, Stone Mountan Judicial Circuit), Decatur, Sherry Boston, Heather Waters, Jason Rea, (DeKalb County District Attorney’s Office), Decatur, for appellee.
    Case Number: A22A0989

    Defendant Failed to Show Prosecution Intentionally Goaded Him Into Moving for Mistrial

  • Cole v. The State

    Publication Date: 2022-09-22
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Fani Willis, Elizabeth Rosenwasser, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: A23A0101

    No Direct Appeal Possible From Criminal Conviction AfterAnother, Unresolved Count Was Dead-Docketed

  • Patel v. Patel

    Publication Date: 2022-09-22
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: David Hungeling, (Attorney at Law), Atlanta, Adam Rubenfield, (Hungeling Law, P.C.), Atlanta, for appellant.
    for defendant: Sherri Buda, Bryan Knight, (Knight Johnson, LLC), Atlanta, for appellee.
    Case Number: A22A0902

    Material Issues of Fact Existed as to Whether Agreement to Transfer Property Interest Was Supported by Consideration

  • Harvard et al. v. John D. Archbold Memorial Hospital, Inc. et al.

    Publication Date: 2022-09-22
    Practice Area: Health Care Law | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Christopher Rodd, (The Rodd Firm LLC), Thomasville, for appellant.
    for defendant: Charles Watt, Alphonso Howell, Gregory Talley, (Coleman Talley LLP), Valdosta, Carlton Joyce, Lucas Bradley, Gregroy Finch, (Bouhan Falligant LLP), Savannah, for appellee; James Thagard, (Young, Thagard, Hoffman, Scott & Smith), Valdosta, Paul Weathington, (Weathington Smith), Atlanta, Lindsay Forlines, (Forlines Law LLC), Atlanta, for other party.
    Case Number: A22A0960

    Medical Malpractice Plaintiff Failed to Show Wife's Death Was Caused by Delay in Treatment