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  • Stephens v. Castano-Castano

    Publication Date: 2018-06-27
    Practice Area: Contractual Disputes | Evidence | Personal Injury
    Industry: Health Care | Insurance | Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Robert Butler (Leitner, Williams, Dooley & Napolitan, PLLC), Atlanta; Nicole Leet, Michael Rust (Gray Rust St. Amand Moffett Brieske, LLP), Atlanta; Michael Newton (Leitner, Williams, Dooley & Napolitan), Chattanooga; Charles Hoey (Drew Eckl & Farnham LLP), Atlanta, for appellant.
    for defendant: Charles Cork (Attorney at Law), Decatur; Jeffrey Yashinsky (The Yashinsky Law Group), Roswell, for appellee. Kristin L. Pierson, Atlanta; Kristin Pierson (Bendin, Sumrall & Ladner, LLC), Atlanta, for amicus curiae.
    Case Number: A18A0100

    Defendant Should Have Been Allowed to Introduce Evidence of Treating Physician's Financial Interest in Personal Injury Action

  • Epstein, Becker & Green, P.C. v. Anduro Holdings, LLC et al.

    Publication Date: 2018-06-22
    Practice Area: Attorney Compensation | Contractual Disputes
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Parker-Flynn (Carlton Fields Jorden Burt), Tallahassee, for appellant.
    for defendant: Sherri Buda, Bryan Knight (Knight Johnson LLC), Atlanta; Hayden Pace (Stokes Wagner ALC), Atlanta, for appellee.
    Case Number: A18A0682

    Some Evidence Supported Jury's Finding That Defendants Were Jointly and Severally Liable For Attorney Fees

  • Cruz Pico et al. v. Brady

    Publication Date: 2018-06-20
    Practice Area: Civil Procedure | Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Julye Johns, Emaly Arndt (Huff Powell & Bailey LLC), Atlanta, for appellant.
    for defendant: Christopher McClurg (Attorney at Law), Lawrenceville, for appellee.
    Case Number: A18A0189

    The trial court properly denied defendants' motion to dismiss plaintiff's medical malpractice action because plaintiff did not "retain" counsel more than 90 days prior to the expiration of the period of limitation and she was thus entitled to invoke the 45-day extension of time to file an expert affidavit.

  • In The Matter Of Edward Neal Davis.

    Publication Date: 2018-05-31
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Andreea N. Morrison (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Edward Neal Davis (Edward N. Davis P.C.), Butler, for appellee. Herman Maddox Kilgore (Kilgore & Rodriguez LLC), Marietta; Jessica Oglesby, Atlanta; Michael E. Sumner (Sumner Meeker LLC), Newnan, for other party.
    Case Number: S17Y1993

    Attorney's Petition For Voluntary Discipline Rejected

  • In The Matter Of John Benneth Iwu.

    Publication Date: 2018-05-09
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Jonathan Winslow Hewett, Paula J. Frederick, Jenny K. Mittelman (State Bar of Georgia), Atlanta, for appellant.
    for defendant: John Benneth Iwu (Continental Legal Group PC), for appellee. Herman Maddox Kilgore (Kilgore & Rodriguez LLC), Marietta; Jessica Oglesby, Atlanta; Andrew Charles Hall (Hall Hirsh Hughes LLC), Decatur, for other party.
    Case Number: S18Y0694

    Three-Year Suspension Appropriate Sanction for Attorney Who Made False Statements to Bar During Disciplinary Proceedings

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  • In the Matter of Miguel Angel Garcia, Jr.

    Publication Date: 2018-05-08
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: William Jacob Cobb, Paula J. Frederick, Jenny K. Mittelman (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Miguel Angel Garcia Jr. (Miguel A Garcia Jr Attorney at Law LLC), Macon, for appellee. Herman Maddox Kilgore (Kilgore & Rodriguez LLC), Marietta, for other party.
    Case Number: S18Y0158

    Disbarment Was Appropriate For Attorney Who Violated Numerous Rules of Conduct and Failed to Respond to Disciplinary Notices

  • In The Matter Of Walter Linton Moore.

    Publication Date: 2018-04-17
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Andreea N. Morrison, Paula J. Frederick, Jenny K. Mittelman (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Walter Linton Moore, Griffin; Walter Linton Moore, Hampton, for appellee.
    Case Number: S18Y0559

    The Supreme Court disbarred an attorney in connection with his abandonment of six different clients in domestic relations proceedings.

  • Wilson v. Perkins

    Publication Date: 2018-04-16
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Brian Daughdrill (Roberts & Daughdrill, PC.), Atlanta, for appellant.
    for defendant: Ryan Proctor (Stearns-Montgomery & Proctor), Marietta; Christopher Hobson (Smith, Schnatmeier, Dettmering, Collins, Reeves, Hobson & Hobson, LLP), Marietta, for appellee.
    Case Number: A17A1520

    Evidence of Parent's Earlier Nolo Contendere Plea Not Admissible in Child Custody Modification Hearing

  • Doe v. The State

    Publication Date: 2018-04-11
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Jeffrey Robert Filipovits (Filipovits Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Richard Ashley Mallard, Keith A. McIntyre (Ogeechee Judicial Circuit District Attorney's Office), Statesboro, for appellee. Brenda Jean Smeeton, Michele Maria Young, Cory Isaacson (Georgia Justice Project), Atlanta; Nancy Rhinehart DeVetter (Georgia Legal Services), Savannah, for amicus appellant. Christopher M. Carr, Sarah Hawkins Warren (Department of Law), Atlanta, for amicus appellee.
    Case Number: S17A1694

    Because the appeal at issue did not invoke the Georgia Supreme Courts constitutional-question jurisdiction, the Court returned the appeal to the Court of Appeals.

  • Delevan v. The State

    Publication Date: 2018-03-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: David Clark, Lawrenceville, for appellant.
    for defendant: William Langley (District Attorney), Blairsville; Sidney Landreau (Enotah Judicial Circuit District Attorney), Blairsville, for appellee.
    Case Number: A17A1998

    The Court vacated the trial court's denial of defendant's motion for an out-of-time appeal following his convictions for DUI a related offenses and remanded to the trial court for appointment of a conflict-free counsel for defendant and a new hearing on the motion for an out-of-time appeal in order to determine who was at fault for failing to timely file the notice of appeal.