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  • The Retail Property Trust v. McPhaul et al.

    Publication Date: 2021-05-03
    Practice Area: Personal Injury | Premises Liability | Real Estate
    Industry: Real Estate | Retail
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Wayne McGrew, Andrew Bagley, (McGrew Miller Bomar & Bagley LLC), Atlanta, James Banks, (Weathington McGrew LLC), Atlanta, for appellant.
    for defendant: John Moore, (The Moore Law Group, LLC), Atlanta, for appellee. James Brieske, (Attorney at Law), Atlanta, Brycen Maenza, (Swift Currie McGhee & Hiers LLP), Atlanta, George Duncan, (Dennis, Corry, Smith & Dixon, LLP), Atlanta, for other party.
    Case Number: A21A0467

    Altercation Between Motorists in Mall Parking Area Was Not Reasonably Foreseeable

  • Timothy Franzen, Intervenor et al. v. City of Atlanta

    Publication Date: 2021-04-23
    Practice Area: Real Estate | Tax
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: John Woodham, (Woodham Law, LLC), Atlanta, Carranza Pryor, (LSU Health Sciences Center – Shreveport), Shreveport, for appellant.
    for defendant: Matthew Calvert, Laura Wagner, (Hunton Andrews Kurth LLP), Atlanta, Fani Willis, (The Law Offices of Fani T. Willis, LLC), Atlanta, Robert Highsmith, (Holland & Knight LLP), Atlanta, Paul Howard, (Fulton County District Attorney), Atlanta, Alvin Kendall, Douglass Selby, (Attorney at Law), Atlanta, Richard Sinkfield, (Rodgers & Hardin LLP), Atlanta, Keith Wiener, (Holland & Knight), Atlanta, for appellee.
    Case Number: A21A0259

    Trial Court Properly Agreed With the City's View That Redevelopment of an Area in Downtown Atlanta Serves a Beneficial Purpose

  • Yakob et al. v. Kidist Mariam Ethiopian Orthodox Tewahedo Church, Inc

    Publication Date: 2021-04-21
    Practice Area: Corporate Governance | Employment Litigation
    Industry: Non-Profit
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: John Hinton, (Baker, Donelson, Bearman Caldwell & Berkowitz, PC), Atlanta, Forrest Norman, (Dickie, McCamey, Chilcote, PC), Cleveland, for appellant.
    for defendant: Kyle Baker, John Richard, Sean Smith, (Taylor English Duma LLP), Atlanta, for appellee. George Koenig, (Koenig Law Group, P.C.), Atlanta, for other party.
    Case Number: A20A1696

    Court reverses one interlocutory order and affirms another in a dispute between a Church and an Archbishop that the Church sought to terminate

  • Thomas County, Georgia et al. v. WH Group 2, LLC

    Publication Date: 2021-04-19
    Practice Area: Civil Appeals | Land Use and Planning | Real Estate
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Ronald Warren, (Whitehurst, Blackburn & Warren), Thomasville, for appellant.
    for defendant: Gary Hunter, (Hopping Green & Sams PA), Tallahassee, for appellee.
    Case Number: A21A0039

    County's Challenge to Order Directing Consideration of Residential Developer's Site Plan Required Application For Discretionary Appeal

  • Cham et al. v. ECI Management Corporation et al.

    Publication Date: 2021-04-13
    Practice Area: Premises Liability
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Maxwell Kent Thelen, James Darren Summerville, (The Summerville Firm, LLC), Atlanta, Jeffrey Parker Shiver, Alan John Hamilton, R. Scott Campbell, Daniel Colin Beer, (Shiver Hamilton, LLC), Atlanta, for appellant.
    for defendant: John E. Hall, Jr., Jeffery Randolph Saxby, Paul Barry Trainor, Pearson Kern Cunningham, (Hall Booth Smith PC), Atlanta, for appellee.
    Case Number: S20G0601

    Trial Court Did Not Err in Charging on Duty a Landowner Owes a Licensee When Evidence Shows Plaintiffs' Decedent Was a Guest of Landowner's Lawful Tenant

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    Texas Liquor Liability Practice Manual 2024

    Authors: Spencer G. Markle

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  • Duke v. The State

    Publication Date: 2021-04-12
    Practice Area: Constitutional Law | Criminal Law
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Ashleigh Bartkus Merchant, John B. Merchant, III, (The Merchant Law Firm, P.C.), Marietta, John Sikes Gibbs, III, (Troutman Sanders LLP), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Clifford Paul Bowden, Jennifer Dawn Hart, (Tifton Judicial Circuit District Attorney's Office), Tifton, Bradford Lee Rigby, (Cordele Judicial Circuit District Attorney's Office), Cordele, for appellee. Patrick Mulvaney, (Southern Center For Human Rights), Atlanta, for Amicus Appellant.Robert Wright Smith, Jr., (Prosecuting Attorneys' Council of Georgia), Morrow, Shannon Glover Wallace, (Cherokee County District Attorney's Office), Canton, Kelly Jean Long Pridgen, Larry Wayne Ramsey, Jr., G. Joseph Scheuer, (Association County Commissioners of Georgia), Atlanta, for Amicus Appellee. Omotayo Bayonle Alli, (Georgia Public Defender Council Appellate Division), Atlanta, for Other Party.
    Case Number: S20A1522

    Indigent Criminal Defendant Private Pro Bono Counsel Was Entitled to State-Funded Experts and Investigators

  • Ambrosio et al. v. Giordano, Jr. et al.

    Publication Date: 2021-04-09
    Practice Area: Contracts | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: William Ney, (William Brent Ney, LLC), Lawrenceville, for appellant.
    for defendant: Bruce Dubberly, (Dubberly & McGovern), Glennville, for appellee.
    Case Number: A20A2118

    Parties Mutually Assented to the Terms of Real Estate Sale Agreements; Trial Court Properly Rejected Buyers' Impossibility Defense

  • Stewart et al. v. Johnson et al.

    Publication Date: 2021-04-09
    Practice Area: Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Nick H. H. Stewart, Marie Sousa, James Cross, Nahunta, Christine Proctor, Hortense, for appellant.
    for defendant: John McQuigg, (Attorney at Law), St. Simons Island, Earl Smith, (Earl Daniel Smith, Jr., P.C.), Nahunta, Tania Tuttle, (McLain & Merritt PC), Alpharetta, Sarah Cook, (McLain & Merritt PC), Atlanta, Brook Gramm, Atlanta, for appellee. James Cross, Nahunta, for other party.
    Case Number: A20A2104

    Trial Court Properly Dismissed Claims Brought by Appellant Who Did Not Have an Equitable Interest in His Wife's Property

  • Copeland v. Home Grown Music, Inc.

    Publication Date: 2021-04-07
    Practice Area: Contractual Disputes
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Braden Copeland, Macon, for appellant.
    for defendant: Foy Devine, Diane LaRoss, (Taylor English Duma LLP), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, for appellee.
    Case Number: A20A1721

    Court affirms summary judgment on investor's breach of contract claims as to payment of royalties, and reverses award of costs for defendant

  • Ridgewalk Holdings, LLC et al. v. Atlanta Apartment Investment Corporation et al.

    Publication Date: 2021-04-05
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Reese
    Attorneys: For plaintiff: Roy Barnes, John Bartholomew, (The Barnes Law Group, LLC), Marietta, for appellant.
    for defendant: Cary Ichter, (Attorney at Law), Atlanta, William Davis, (Ichter Davis, LLC), Atlanta, for appellee.
    Case Number: A20A1968

    Real Estate Brokers' Claim For Failure to Pay Commission Did Not Arise Prior to Execution of Purchase Agreement