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Publication Date: 2016-07-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: John Baker and Donald Slider Baker Slider LLC, Athens, for appellant.
for defendant: John Connolly and Douglas Flint Flint, Connolly Walker LLP, Canton, for appellee.
Case Number: A16A0243
The trial court erred in granting summary judgment to the plaintiff in its suit to enjoin the defendant from blocking the plaintiff's access to a roadway that ran through the defendant's property, s
Publication Date: 2016-07-13
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Beverly B. Bates Bates Baum, Atlanta, for appellant.
for defendant: Daniel J. Huff, Taylor M. Tribble, and Randolph P. Powell Jr. Huff, Powell Bailey LLC, Atlanta, for appellees.
Case Number: S15G1446
The Supreme Court vacated the trial court's dismissal of a medical malpractice complaint based on its finding that the plaintiff failed to comply with the expert affidavit requirement and remanded t
Publication Date: 2016-06-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: James Kane and Jill Johnson Chamberlain, Hrdlicka, White, Williams Aughtry, Atlanta, for appellant.
for defendant: Charles Black Bannister Black, Austell, for appellee.
Case Number: A16A0066
There was sufficient evidence to support the jury's verdict against the defendant on the plaintiff's claim for fraudulent tra
Publication Date: 2016-06-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Branch, Elizabeth
Attorneys: For plaintiff: Robert Mikell and George Rountree Brown Rountree PC, Statesboro, for appellant.
for defendant: Samantha DiPolito, Mark Johnson, James Hodges, and Theresa Beaton Gilbert, Harrell, Sumerford Martin, Brunswick, for appellee. Other party representation: Brent Savage Savage Turner Pinckney PC, Savannah.
Case Number: A15A2375
The trial court erred in denying the plaintiff's motions in limine and for judgment notwithstanding the verdict as to liability in its timber conversion suit, since the plaintiff had not given the d
Publication Date: 2016-06-09
Practice Area:
Industry:
Court: Supreme Court
Judge: Nahmias, David E.
Attorneys: For plaintiff: Robert Alpert, Jeffrey K. Douglass Morris Manning Martin LLP, Atlanta, and David Archer Archer Lovell PC, Cartersville, for appellant.
for defendant: Amicus Appellant: Kyle G. A. Wallace, Andrew J. Tuck Alston Bird LLP, Hugh B. McNatt, T. Joshua R. Archer, Malissa A. Kaufold-Wiggins Balch Bingham LLP, Atlanta, Charles W. Whitney Oglethorpe Power Corp., Tucker, and Brian D. Boone Alston Bird LLP, Charlotte, NC. William Akin and S. Lester Tate Akin Tate LLC, Cartersville, for appellees.
Case Number: S15G1804
The plaintiffs presented sufficient evidence to survive the dant's motion for summary judgment in their lawsuit asserting claims for trespass, continuing trespass and nuisance arising out of th
Law Journal Press | Digital Book
Authors: Seeger Salvas
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Publication Date: 2016-06-07
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: M. Jerome Elmore, Timothy Rigsbee Bondurant, Mixson Elmore, and Michael Caplan Caplan Cobb LLP, Atlanta, for West Asset Mgmt. Inc.. Roy Barnes and John Salter The Barnes Law Group LLC, Marietta, for NW Parkway LLC.
for defendant:
Case Number: A15A1830; A15A1831
The Court partially reversed the trial court's summary judgment rulings in a suit arising out of the alleged breach of a 20-year commercial property lease agre
Publication Date: 2016-06-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Branch, Elizabeth
Attorneys: For plaintiff: Warren Coppedge, Stephen Michmerhuizen Coppedge Evans PC, and Daniel Laird Laird Litigation LLC, Dalton, for Shiv Aban Inc.. Samuel S. Olens, Attorney General, Mary Volkert, Assistant Attorney General, Anne Sapp, Atlanta, and Henry Tharpe Sponcler Tharpe LLC, Dalton, for Georgia Dep't of Transp..
for defendant:
Case Number: A15A2013; A15A2014
The property owner was entitled to prejudgment interest under O.C.G.A. § 32-3-19 subsection c in addition to the condemnation award, attorney fees and litigation expenses based on the Department of
Publication Date: 2016-05-24
Practice Area:
Industry:
Court: Court of Appeals
Judge: McMillian, Carla W.
Attorneys: For plaintiff: William Custer, Jennifer Dempsey, Laura Williams Bryan Cave LLP, Atlanta, and Ryan Hendley Reynolds Reynolds Duncan LLC, Tuscaloosa, AL, for appellant.
for defendant: John Christy Schreeder, Wheeler Flint, Atlanta, Aaron Chausmer Hecht Walker PC, Stockbridge, and Robert Spears Thomerson, Spears Robl LLC, Decatur, for appellees.
Case Number: A15A2313
The plaintiff lacked standing under the Uniform Fraudulent Transfers Act to set aside transfers non-judgment debtors made following the entry of a judgment in favor of the plaintiff on a loan de
Publication Date: 2016-05-23
Practice Area:
Industry:
Court: Court of Appeals
Judge: Barnes, Anne Elizabeth
Attorneys: For plaintiff: Warner Hodges, Cumming, for appellant.
for defendant: Halsey Knapp Krevolin Horst Inc., and Peter Werdesheim Carlock, Copeland Stair LLP, Atlanta, for appellees.
Case Number: A15A2068
The plaintiff was not entitled to relief on her c under the facts as alleged in her complaint, because she had previously released the defendants from liability on the c
Publication Date: 2016-05-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Barnes, Anne Elizabeth
Attorneys: For plaintiff: Todd Baiad, Andrew Dekle Bouhan Falligant LLP, and Kathryn Pinckney Savage Turner PC, Savannah, for appellant.
for defendant: Tracy O'Connell and Paul Painter Ellis Painter Ratterree Adams LLP, Savannah, for appellees.
Case Number: A15A1851
After granting the lender's motion for summary judgment as to the defendants' default on a promissory note, the trial court had the information it needed to calculate the award of pre- and post-defa
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