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  • Dekalb County Board of Tax Assessors v. Barrett

    Publication Date: 2021-11-22
    Practice Area: Real Estate | Tax
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Richard Carothers, (Attorney at Law), Buford, Brian Dempsey, (Carothers & Mitchell, LLC), Buford, for appellant.
    for defendant: Edward Webb, (Webb, Klase & Lemond, LLC), Atlanta, for appellee.
    Case Number: A21A1032

    Trial Court Properly Found That Property Owner Was Entitled to Two-Year Freeze on Taxable Values of His Properties for Two Taxable Years

  • Connell et al. v. Hamon, As Surviving Child of James Isaac Dickens, Jr., Deceased

    Publication Date: 2021-11-16
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Alphonso Howell, Gregory Talley, (Coleman Talley LLP), Valdosta, for appellant.
    for defendant: Robert Howell, (Attorney at Law), Moultrie, Charles Cork, (Attorney at Law), Decatur, Atlanta, for appellee.
    Case Number: A21A0925

    Court reverses denial of defendant's motion on the pleadings in a wrongful death case where plaintiff had no standing to bring a wrongful death claim

  • Browne & Price, P. A. v. Innovative Equity Corporation

    Publication Date: 2021-11-16
    Practice Area: Contractual Disputes | Legal Malpractice | Real Estate
    Industry: Legal Services | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Kim Jackson, Joseph Harris, (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, Nashville, for appellant.
    for defendant: Stacey Carroll, (Carroll Law Firm LLC), Atlanta, David Houtsma, (David Houtsma Law Firm LLC), Cumming, Angie Walton, (Law Offices of Angie M. Walton, P.C.), Atlanta, for appellee.
    Case Number: A21A1005

    Disputed Issues of Fact Presented as to Whether "Liquidated Damages" Reflected Reasonable Pre-Estimate of Actual Damages

  • J.P. Carey Enterprises, Inc. v. Cuentas, Inc.

    Publication Date: 2021-11-05
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Scott Bonder, Carson Modrall, (Fried Bonder White LLC), Atlanta, Christopher Giovinazzo, Michael Terry, (Bondurant, Mixson & Elmore, LLP), Atlanta, for appellant.
    for defendant: Franklin Brannen, Joshua Curry, Ronald Masterson, (Lewis Brisbois Bisgaard Smith LLP), Atlanta, for appellee.
    Case Number: A21A0703

    Court affirms ruling that certain provisions in a convertible note were unenforceable penalties but reverses and remands as to whether noteholder waived default provisions

  • Tyson v. The State

    Publication Date: 2021-10-29
    Practice Area: Criminal Appeals | Criminal Law | Tax
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Boggs
    Attorneys: For plaintiff: Leigh Stevens Schrope, Elizabeth Ann Brandenburg, (Law Firm of Shein & Brandenburg), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Alex Martin Bernick, (Department of Law), Atlanta, David Parks White, (Northern Judicial Circuit District Attorney's Office), Hartwell, for appellee.
    Case Number: S21A0774

    Lack of Complete Transcription of Jury Voir Dire in Appeal Record Did Not Deprive Appellant of Due Process Rights

  • Law Journal Press | Digital Book

    Texas Legal Malpractice & Lawyer Discipline 2024

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • UHS of Peachford v. Brady

    Publication Date: 2021-10-26
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Michael Hostetter, Molly McCall, (Nall & Miller, LLP), Atlanta, for appellant.
    for defendant: Melissa Peavy, (Melissa M Clyatt Associates PC), Destin, for appellee; Peter Fischer, (Georgia Department of Law), Atlanta, Amy Hoffman, Thomas Lavender, (FisherBroyles, LLP), Atlanta, Rolfe Martin, (Copeland, Stair, Kingma & Lovell, LLP), Atlanta, Alphonso Howell, Gregory Talley, Kayla Barnes, (Coleman Talley LLP), Valdosta, Stephanie Vari, (Peters & Monyak, LLP), Atlanta, for other party.
    Case Number: A21A0819

    Court reverses trial court and grants Hospital's motion to dismiss a wrongful death action where plaintiff failed to effect due diligence to serve her complaint

  • CL SNF, LLC et al. v. Fountain

    Publication Date: 2021-10-11
    Practice Area: Contractual Disputes | Dispute Resolution | Health Care Law
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Kevin Emmett Quirk, Kellie Turner Holt, (Quirk & Quirk, LLC), Atlanta, for appellant.
    for defendant: Michael Brian Terry, Jennifer Lauren Peterson, (Bondurant, Mixson, & Elmore, LLP), Atlanta, Bethany Lynn Schneider, (Schneider Injury Law), Atlanta, Katherine G. Hughes, Gretchen Holt Wagner, (Wagner Hughes LLC), Atlanta, for appellee; Jason Edward Bring, William Jerad Rissler, Kara Gordon Silverman, (Arnall Golden Gregory, LLP), Atlanta, for Amicus Appellant.
    Case Number: S20G1292

    Court-Appointed Guardian of Adult Ward Had Authority to Enter Into Pre-Dispute Arbitration Agreement on Ward's Behalf

  • Perry v. Jenkins

    Publication Date: 2021-09-24
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Virginia Morris, (Virginia Nell Morris Law, LLC), Athens, Woodrow Ware, (The Law Offices of Woodrow Wilson Ware, LLC), Watkinsville,for appellant.
    for defendant: Brad Evans, (Attorney at Law), Madison, for appellee.
    Case Number: A21A0969

    Court affirms child custody and visitation order over petitioner's challenge to trial court's processes in issuing that order

  • Cruz et al. v. Xytex Corporation et al.

    Publication Date: 2021-09-23
    Practice Area: Consumer Protection
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: James McDonough, (Heninger Garrison Davis, LLC), Atlanta, William Garrison, Brandy Robertson, (Heninger Garrison Davis), Birmingham, David Newdorf, (Newdorf Legal), Oakland, Nancy Hersh, (Hersh & Hersh), San Francisco, for appellant.
    for defendant: Alison Currie, Thomas Lavender, (FisherBroyles, LLP), Atlanta, Linda Jordan, (Watkins Lourie Roll Chance PC), Atlanta, for appellee.
    Case Number: A20A0040

    Claims based on injuries derived from children's lives are not cognizable under Georgia law, but claims predating their lives may be pled as consumer fraud claims

  • Sims v. The State

    Publication Date: 2021-09-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: G. Stepp, (G. Richard Stepp, P.C.), Lawrenceville, for appellant.
    for defendant: Patsy Austin-Gatson, Tristan Gillespie, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A21A1350

    Evidence Supported Jury's Finding Defendant Forced Ex-Girlfriend Into His Car and Held Her Against Her Will While He Drove Away