• Security Real Estate Servs. Inc. v. First Bank of Dalton

    Publication Date: 2013-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Charles Myers, Nathan Wood, Robert Waddell, and Thomas Walker McGuire Woods LLP, Atlanta, for appellant.
    for defendant: Warren Coppedge and Joseph Evans Coppedge & Evans PC, Dalton, for appellee.

    Case Number: A13A1210

    Attorneys' fees and expenses of litigation were not recoverable under O.C.G.A. § 13-6-11 as a matter of law because there was no award of damages or other relief on the underlying c

  • Nebo Ventures LLC v. NovaPro Risk Solutions LP

    Publication Date: 2013-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert Martin McKenna Long & Aldridge LLP, and Bruce Brown, Atlanta, for appellant.
    for defendant: James Standard Hall Booth Smith PC, Atlanta, for appellee.

    Case Number: A13A1324

    The trial court erred in granting summary judgment to the defendant on the plaintiff's fraud claim arising from the parties' contract, as issues of remained for the trier of

  • Herrington v. Gaulden

    Publication Date: 2013-11-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: James C. Grant, Louis B. Park, Matthew L. J. D. Dowell Alston & Bird LLP, Kathleen W. Simcoe, Theodore E. G. Pound Commander Pound Butler LLP, Paul E. Weathington Weathington Smith PC, Atlanta, Matthew S. Coles Coles Barton LLP, Lawrenceville, B. Nicole Smith, and Wiley A. Wasden III Brennan & Wasden LLP, Savannah, for appellant.
    for defendant: Amicus Appellant: Joshua B. Belinfante Robbins Ross Alloy Belinfante Littlefield LLC, Donald J. Palmisano Jr. Medical Association of Georgia, and Eric J. Frisch Carlock, Copeland & Stair LLP, Atlanta. Andrew S. Johnson, H. Craig Stafford, and Jeffery L. Arnold Arnold & Stafford, Hinesville, for appellees.

    Case Number: S13G0577

    The Court of Appeals erred in finding that an exception to the requirement of doctor-patient privity in a professional negligence case resulted from the application of Gray v. Vaughn, 217 Ga. App. 8

  • Babalola v. HSBC Bank USA NA

    Publication Date: 2013-11-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A13A1351

    The trial court erred in dismissing the plaintiff's pro se complaint with prejudice for an alleged failure to perfect service, as the record contained an entry of service filed by the plaintiff as

  • Ensley v. State

    Publication Date: 2013-11-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Lora M. Alsher Public Defender's Office, Cartersville, for appellant.
    for defendant: Barbara A. Sosebee, District Attorney, Ellijay, Rita B. Lewis, Chief Assistant District Attorney, Blue Ridge, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S13A1219

    Sentences on two separate firearms offenses were vacated, since those possession charges involved the same v

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  • Richard Bowers & Co. v. Clairmont Place LLC

    Publication Date: 2013-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Eric Johnson, Woodstock, for appellant.
    for defendant: Simon Bloom, Amanda Wick, Ariel Zion, and Stephen Parham The Bloom Sugarman Everett LLP, Atlanta, for appellee.

    Case Number: A13A1459

    The plaintiff real estate broker was entitled to summary judgment on its claim for unpaid commissions arising out of a leasing commission agreement with the defendant property owner's predec

  • Williams v. Contemporary Servs. Corp.

    Publication Date: 2013-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Donald Ellis, Decatur, for appellant.
    for defendant: Stephen Yaklin King & Yaklin LLP, Marietta, for appellee.

    Case Number: A13A1464

    The failure to file a Certificate of Default pursuant to U.S.C.R. 15 was not a nonamendable defect in the record sufficient to authorize the trial court to set aside a default judgment under O.C.G.A

  • Tillman v. Vinings Bank

    Publication Date: 2013-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Jackson Harris, Rome, for appellant.
    for defendant: C. Lee Davis Bailey Davis Brown & Sutton LLC, Marietta, for appellee.

    Case Number: A13A1199

    The trial court did not err in finding mutual assent to the terms of the parties' settl agre

  • Mortgage Alliance Corp. v. Pickens Cnty.

    Publication Date: 2013-11-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Roy E. Barnes, John R. Bevis, and James C. Tribble The Barnes Law Group LLC, Marietta, for appellant.
    for defendant: Phillip E. Friduss, Ellen L. Ash, and Deborah V. Haughton Landrum & Friduss LLC, Woodstock, for appellees.

    Case Number: S12G1885

    The inverse condemnation claim never ripened for judicial review, and the trial court should have granted summary judgment to the defendants on this g

  • O'Dell v. Mahoney

    Publication Date: 2013-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Brent Savage and Brent Savage Jr. Savage, Turner, Savannah, for appellant.
    for defendant: Ned Blumenthal, Laura Morris Weissman, Nowack, Curry & Wilco PC, Atlanta, and Thomas Mahoney, Savannah, for appellees.

    Case Number: A13A0786

    The Court of Appeals had jurisdiction to consider the plaintiff's appeal from the earlier grants of dismissal and summary judgment to certain defendants after the trial court entered a final judgmen