• Fulton County, Georgia v. Soco Contracting Company, Inc.

    Publication Date: 2017-11-21
    Practice Area: Civil Procedure | Contracts
    Industry: Construction
    Court: Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Ronald Freeman, Cathy Nash, Bethany White (Johnson & Freeman, LLC), Union City; Cheryl Ringer (Office of the Fulton County Attorney), Atlanta; Denval Stewart (Office of the County Attorney), Atlanta, for appellant.
    for defendant: David Roberts (Roberts Construction Law, LLC), Atlanta, for appellee. Larry Ramsey (ACCG), Atlanta, for amicus curiae.

    Case Number: A17A1001

    The trial court erred in denying county's motion for summary judgment in construction company's suit arising out of a contract for the construction of a cultural center because county was entitled to sovereign immunity on causes of action related to unwritten change orders.

  • Interfinancial Midtown, Inc. et al. v. Choate Construction Company

    Publication Date: 2017-11-14
    Practice Area: Bankruptcy | Contracts
    Industry:
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Andrew Lavoie (Schreeder, Wheeler & Flint, LLP), Atlanta, for appellant.
    for defendant: Kevin Hudson, Zachary Hall (Hudson Parrott Walker, LLC), Atlanta; Michael Baumrind, Frank Lowrey (Bondurant, Mixson & Elmore LLP), Atlanta, for appellee.

    Case Number: A17A1160

    In a case of first impression, the Court held that Georgia law allowing the recovery of general and punitive damages for fraudulent conveyances survived the enactment of Georgias Uniform Fraudulent Transfers Act.

  • Alford et al. v. Hernandez et al.

    Publication Date: 2017-11-13
    Practice Area: Education Law | Immigration Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Josiah Heidt (Georgia Department of Law, Office of the Attorney General), Atlanta; Christopher Carr (Attorney General), Atlanta; Annette Cowart (Georgia Department of Law), Atlanta; Russell Willard (Attorney at Law), Atlanta, for appellant.
    for defendant: Charles Kuck (Kuck Immigration Partners LLC), Atlanta, for appellee.

    Case Number: A17A1124

    The trial court erred in granting summary judgment to Deferred Action for Childhood Arrivals recipients in their mandamus action seeking to compel state universities to deem them eligible for in-state tuition benefits while they were enrolled in Georgias public universities and colleges.

  • Avery et al. v. Paulding County Airport Authority et al

    Publication Date: 2017-11-13
    Practice Area: Civil Procedure | Transportation
    Industry:
    Court: Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Charles McKnight, Alison Ballard (Taylor English Duma, LLP), Atlanta, for appellant.
    for defendant: Robert Baker (Miller & Martin PLLC), Atlanta; J. Davis, Lee Carter (Brinson, Askew, Berry, Seigler, Richardson & Davis LLP), Rome, for appellee.

    Case Number: A17A0849

    The Court partially reversed the dismissal of three related declaratory judgment actions arising out of the efforts of a county and a county airport authority to apply for a commercial Airport Operating Certificate from the Federal Aviation Administration.

  • Smith v. McTaggart

    Publication Date: 2017-11-01
    Practice Area: Civil Appeals
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Brenda Gardner (The Gardner Law Firm), Atlanta, for appellant.
    for defendant: Nazish Ahmed (Ahmed Law Group), Lagrange, for appellee. Newton County Department of Family and Children Services, Covington, for other party.

    Case Number: A17A0701

    Appellant failed to file a timely notice of appeal from a final order in child custody proceedings; consequently, the Court did not have jurisdiction over his case and dismissed the appeal.

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  • Austin v. The State

    Publication Date: 2017-10-27
    Practice Area: Judges
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Robert Barr (Attorney at Law), Atlanta; Brannon Burroughs (Law Office of Bob Barr), Sandy Springs, for appellant.
    for defendant: Anne Allen (Assistant District Attorney Coweta Judicial Circuit), Carrollton; Peter Skandalakis (District Attorney Coweta County District Attorney's Office), Lagrange; Ashley Hurley (Okelley & Sorohan LLC), Duluth, for appellee.

    Case Number: A17A1151

    The trial court did not err in denying defendant's petition to seal records pursuant to O.C.G.A. 42-8-62.1, Georgia's statute limiting public access to first offender records in the custody of the clerk of court, because defendant's guilty plea to repeated violations of public trust in connection with his dental profession authorized the trial court to conclude that defendant's interest in having the documents sealed was far outweighed by the public's interest in having the records available.

  • In The Interest Of C. H. et al., children.

    Publication Date: 2017-10-13
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Corinne Mull (Mull LLC), Decatur, for appellant.
    for defendant: Calandra Harps (Assistant Attorney General), Atlanta; Christopher Carr (Attorney General), Atlanta; Shalen Nelson (Senior Assistant Attorney General), Atlanta; Linda Taylor (Hunnicutt & Taylor), Newnan; David Taylor (David Taylor, Attorney at Law LLC), Newnan, for appellee.

    Case Number: A17A1320

    The juvenile court violated parents' due process rights, including their right to counsel, and therefore erroneously denied parents' motion to set aside the custody orders awarding temporary custody of their children to the Department of Family and Children Services.

  • Ross v. Ross

    Publication Date: 2017-10-04
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Benham
    Attorneys: For plaintiff: Jason G. Smith (Attorney at Law), Newnan, for appellant.
    for defendant: Patrick Joseph Fox (McNally, Fox, Grant & Davenport, P.C.), Fayetteville, for appellee.

    Case Number: S17A0799

    The trial court erred in finding that it had jurisdiction to modify a Connecticut child support order as Connecticut had continuing, exclusive jurisdiction over the child support order because husband was still a resident of Connecticut and neither party had provided written consent for a Georgia tribunal to exercise jurisdiction over the matter.

  • Wilson v. Clark Atlanta Univ. Inc.

    Publication Date: 2017-01-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Mitchell Benjamin and Charles Bridgers Delong, Caldwell, Bridgers Fitzpatrick Benjamin LLC, Atlanta, for Wilson et al.. Matthew Simpson, Burton Dodd Fisher Phillips LLP, and Leah Sears Schiff Hardin LLP, Atlanta, for Clark Atlanta University.
    for defendant:

    Case Number: A16A0996; A16A0997

    The trial court improperly limited five former professors' damages in their suit against a university after the university declared an enrollment emergency before laying off 54 faculty members, incl

  • Rigby v. Flue-Cured Tobacco Coop. Stabilization Corp.

    Publication Date: 2016-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge:
    Attorneys: For plaintiff: Kathryn Pinckney and Brent Savage Savage Turner PC, Savannah, for appellant.
    for defendant: . Vera Edenfield, Gerald Edenfield Edenfield, Cox, Bruce Classens, Statesboro, Franklin McCrea, Kenneth Futch, Alma, Derek Shaffer, Keith Forst Quinn Emanuel Urquhart Sullivan LLP, Washington, DC, and John Quinn, Los Angeles, CA, for appellee.

    Case Number: A16A0984

    The trial court properly granted summary judgment to defendant on plaintiffs' breach of fiduciary duty claim, because the evidence did not show that there was a fiduciary relationship between