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  • Phillips et al. v. Almont Homes NE, Inc.

    Publication Date: 2022-09-09
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Kevin Doyle, G. Mobley, Kristen Guidry, (Lokey, Mobley & Doyle, LLP), Atlanta, for appellant.
    for defendant: Lance Tyler, (Tyler Law Firm), Suwanee, for appellee.
    Case Number: A22A0643

    Court reverses partial cancellation of notice of lis pendens where plaintiffs sought injunctive relief against a developer whose actions were clogging an adjacent stream

  • BC EAV, LLC v. Havlik

    Publication Date: 2022-09-08
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Donald Cook, (Smith & Liss, LLC), Atlanta, for appellant.
    for defendant: Gwendolyn Havlik, (Drew Eckl & Farnham LLP), Atlanta, for appellee.
    Case Number: A22A1111

    Court affirms order in favor of a subsequent possessor in a boundary dispute, finding no evidence of fraud that would void title by prescription through adverse possession

  • O'Neill v. Hairston

    Publication Date: 2022-08-17
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Shane Geeter, (Attorney at Law), Milledgeville, for appellant.
    for defendant: Joseph Bloodworth, (Bush, Crowley, Leverett & Leggett, LLP), Macon, for appellee.
    Case Number: A22A0811

    Unresolved Factual Issue as to Location of Boundary Line Between Adjacent Properties Precluded Partial Summary Judgment

  • In the Matter of Glen Roy Fagan.

    Publication Date: 2022-08-09
    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, William Dallas NeSmith, (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Glen Roy Fagan, (Southern Company), Atlanta, for appellee; Adam Marshall Hames, (The Hames Law Firm, LLC), Atlanta, for other party.
    Case Number: S22Y0802

    Attorney Who Had Previously Resigned Was Formally Disbarred For Knowingly Misappropriating Client Funds

  • Mayorga v. Benton

    Publication Date: 2022-08-04
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jonathan Grunberg, Nicole Wade, George Wilson, (Wade, Grunberg & Wilson, LLC), Atlanta, for appellant.
    for defendant: Douglas Clayton, Leah Parker, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, for appellee; Mark Scott, (Fain, Major & Brennan, P.C.), Atlanta, for other party.
    Case Number: A22A0316

    Court reverses dismissal of emotional distress claim and affirms dismissal of negligence claim by a father in a same-sex marriage whose daughter committed suicide

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Williams v. Dekalb County et al.

    Publication Date: 2022-08-03
    Practice Area: Civil Appeals
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Thomas Burch, (UGA School of Law, Appellate Clinic), Athens, for appellant.
    for defendant: Bennett Bryan, Laura Johnson, Terry Phillips, Shaheem Williams, (DeKalb County Law Department), Decatur, Ken Jarrard, (Jarrard & Davis, LLP), Cumming, Brent Herrin, Gus Small, Benjamin Klehr, (Small Herrin, LLP), Atlanta, for appellee.
    Case Number: A22A0508

    Court affirms dismissal of taxpayer's complaint for injunctive relief and for in camera review of documents but vacates and remands claim for civil damages

  • Slosberg v. Giller, et al.

    Publication Date: 2022-07-29
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Frederick Skip Sugarman, Matthew Greer Hawk, (Sugarman Law, LLP), Atlanta, for appellant.
    for defendant: Tyler Charles Dixon, (Raiford & Dixon, LLC), Atlanta, Leah Ward Sears, Sasha Nina Greenberg, (Smith, Gambrell & Russell, LLP), Atlanta, for appellee; Timothy Kyle King, (Hodges, McEachern & King), Peachtree City, Nikola R. Djuric, (Djuric Spratt P.A.), Atlanta for Amicus Appellant.
    Case Number: S21G1226

    No-Contest Clause Did Not Bar Undue-Influence Claim Against Trust Instrument

  • McIver v. The State

    Publication Date: 2022-07-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Boggs
    Attorneys: For plaintiff: Amanda Rourk Clark Palmer, Donald Franklin Samuel, (Garland, Samuel & Loeb P.C.), Atlanta, Bruce Steven Harvey, (Law Offices of Bruce S. Harvey), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Ruth M. Pawlak, Fani T. Willis, Lyndsey Hurst Rudder, Kevin Christopher Armstrong, (Fulton County District Attorney’s Office), Atlanta, Leslie Anna Coots, (Cobb County District Attorney’s Office), Marietta, for appellee.
    Case Number: S22A0093

    Evidence Supported Instruction on Misdemeanor Unlawful-Manner Involuntary Manslaughter in Case Involving Firearm

  • McDonald & Cody v. State Of Georgia

    Publication Date: 2022-07-22
    Practice Area: Attorney Compensation | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Douglas McDonald, Samuel Sliger, (McDonald & Cody LLC), Cornelia, Jackson McDonald, (McDonald & Cody LLC), Alto, for appellant.
    for defendant: Marianne Gelakoska, (District Attorney’s Office - Appalacian Judicial Circuit), Ellijay, for appellee.
    Case Number: A22A0531

    Attorneys' Lien in Forfeiture Case Was Perfected After Attorneys Obtained Final Judgment For Return of Property to Clients

  • Pop 3 Ravinia, LLC v. Embark Holdco Management, LLC

    Publication Date: 2022-07-21
    Practice Area: Corporate Entities
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Pinson
    Attorneys: For plaintiff: Thomas Byrne, Valerie Sanders, (Eversheds Sutherland (US) LLP), Atlanta, for appellant.
    for defendant: William DuPre, Michael Kohler, (Miller & Martin, PLLC), Atlanta, Robert Parsley, (Miller & Martin, PLLC), Chattanooga, for appellee.
    Case Number: A22A0127

    Triable Issue as to Whether Elements of Corporate Continuation Doctrine Were Established