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  • Wells Fargo Bank NA v. Molina-Salas

    Publication Date: 2015-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Dylan Howard, Joshua Tropper, and Daniel Moore Baker, Donelson, Bearman, Caldwell Berkowitz PC, Atlanta, for appellant.
    for defendant: . Alexandra Dishun Locke Lord LLP, John Williamson Morris, Manning Martin LLP, Atlanta, and William Smith Smith Law LLC, Lawrenceville, for appellee.
    Case Number: A15A0594

    We granted an interlocutory appeal to Wells Fargo Bank, N. A. Wells Fargo and Federal Home Loan Mortgage Corporation Freddie Mac to consider w

  • Williams v. The Columbus Clinic PC

    Publication Date: 2015-07-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John K. Larkins Jr. Chilivis Cochran Larkins Bever LLP, Atlanta, Kimberly N. Martin, and Thomas F. Martin Martin Martin LLP, Tucker, for appellant.
    for defendant: Glen R. Fagan Constangy Brooks Smith Prophete LLP, Atlanta, for appellee.
    Case Number: A15A0559

    A genuine issue of material fact remained as to whether a medical clinic was authorized to terminate a physician for cause when a hospital "restricted" his privileges by imposing a proctorship o

  • State v. Brown

    Publication Date: 2015-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and Paige R. Whitaker, Deputy District Attorney, Atlanta, for appellant.
    for defendant: Kristin Howell Public Defender's Office, David Jones King, King Jones PC, and Lawrence Korn Georgia Justice Project, Atlanta, for appellees.
    Case Number: A15A0456; A15A0457

    The Court vacated the judgments of acquittal in favor of the defendants because the trial court lacked jurisdiction to proceed with trial, as the State had filed an appeal from the trial court's sup

  • Stearns Bank NA v. Mullins

    Publication Date: 2015-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Avery Jackson Tisinger Vance PC, Carrollton, Phillip Friduss, Ellen Ash Landrum Friduss LLC, Woodstock, and Phillip Landrum Landrum Landrum, Jasper, for appellant.
    for defendant: Scott McAlpine, Michael Flint Schreeder, Wheeler Flint LLP, Laura Broome, Shira Crittendon Freeman Mathis Gary LLP, Atlanta, and John Capo, Jasper, for appellee. Other party representation: Jeb Chatham, Ellijay, and Boyd Mullins, Jasper.
    Case Number: A15A0717

    Because the evidence showed that the parties intended to establish a perpetual or indefinite security interest in the real property conveyed to secure debts, the applicable reversion period was 20 y

  • Steis v. Steis

    Publication Date: 2015-07-09
    Practice Area:
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Samuel D. Almon, Leah W. Sears, Crystal L. Conway Schiff Hardin LLP, Nancy F. Lawler, and Amy K. Sullivan Lawler Green Prinz LLC, Atlanta, for appellant.
    for defendant: Nancy I. Jordan and Kathy L. Portnoy Warner, Bates, McGough, McGinnis Portnoy, Atlanta, for appellee. Other party representation: Anne E. Barnes Georgia Court of Appeals, Atlanta.
    Case Number: S15A0244

    There were genuine issues of fact remaining as to whether certain property acquired during the parties' marriage was husband's separate property under the terms of the parties' prenuptial agreement

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  • Myers v. Myers

    Publication Date: 2015-07-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Timothy K. King Hodges, McEachern King, Jonesboro, for appellant.
    for defendant: Stephen H. DeBaun, Tucker, and Gregory A. Futch, McDonough, for appellee.
    Case Number: S15A0403

    The probate court properly found that the exe of the decedent's will breached his fiduciary duty and properly sua sponte removed him as exe

  • McLeod v. Clements

    Publication Date: 2015-07-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: R. Jerry McLeod, Boston, proceeded pro se. Bree O. Sullivan and Stephen R. Sullivan The Sullivan Firm LLC, Thomasville, for appellee.
    for defendant:
    Case Number: S14G1225

    The Court affirmed the trial court's grant of partial summary judgment in a dispute over the appellant's entitlement to water from a well on the appellee's land at no cost pursuant to a purported c

  • Kim v. Park

    Publication Date: 2015-06-25
    Practice Area:
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Richard Yoon and Diona Potter The Law Offices of Richard Yoon, Suwanee, for appellant.
    for defendant: Ned Blumenthal and Ashoo Sharma Weissman, Nowack, Curry Wilco PC, Atlanta, for appellees.
    Case Number: A15A0001

    The plaintiff failed to file a timely response to the defendants' motion for summary judgment, as an agreement between counsel was insufficient to extend the deadline to respond since the parties di

  • Tolson v. Sistrunk

    Publication Date: 2015-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John Hadden Turkheimer Hadden LLC, F. Carlton King Jr., and Katherine Parvis Ford Harrison LLP, Atlanta, for appellant.
    for defendant: . Michael Bailey Huff, Powell Bailey LLC, Michael Caplan Caplan Cobb LLC, and Paul Weathington Weathington Smith, Atlanta, for appellees. Other party representation: Alwyn Fredericks, Atlanta.
    Case Number: A15A0578

    The plaintiff law firm was authorized to file an attorney's lien on the medical malpractice action successor counsel filed, as O.C.G.A. § 15-19-14 subsection b affords protection to former counsel w

  • Barron v. Wells Fargo Bank NA

    Publication Date: 2015-06-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Mickey Barron, Suwanee, proceeded pro se. Scott Michalove and Daniel Moore Baker, Donelson, Bearman, Caldwell Berkowitz PC, Atlanta, for appellee. Other party representation: William Willis Fidelity National Law Group, Atlanta.
    for defendant:
    Case Number: A14A1996

    In a bank's suit to reform the legal description of property securing a debt, judicial estoppel barred the debtor from asserting a claim to real property he did not declare in his personal bankruptc