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Publication Date: 2013-07-16
Practice Area:
Industry:
Court: Supreme Court
Judge: Nahmias, David E.
Attorneys: For plaintiff: Nathanael A. Horsley, Dawsonville, for appellant.
for defendant: Kenneth W. Mauldin, District Attorney, and James V. Chafin, Assistant District Attorney, Athens, for appellee.
Case Number: S12G0548
Where a defendant is charged with felony theft by deception based on his failure to fully pe contracted-for services, the State must prove the value of any services the defendant did actually pe
Publication Date: 2013-07-15
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Andrea Pawlak, Kevin Ward Schulten Ward & Turner, Irene Vander Els, and Chelsea Dennis Hartman Simons & Wood LLP, Atlanta, for appellant.
for defendant: William Cable Talley, Richardson & Cable, Dallas, for appellees.
Case Number: A13A0188
Evidence that the plaintiff acted in good faith in relying on an appraisal to sell the property for less than its true market value at foreclosure did not compel the trial court to find good cause f
Publication Date: 2013-07-15
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys: For plaintiff: Roger Wilson, Atlanta, for appellant.
for defendant: Adam Caskey Clark Caskey LLC, Rodney Strong Griffin & Strong PC, Atlanta, and Theodore Lackland Lackland & Associates LLC, Marietta, for appellees.
Case Number: A13A0157
The trial court properly granted summary judgment to the defendants on the plaintiff's RICO claim, as the plaintiff could not show direct harm from the alleged wrong
Publication Date: 2013-07-03
Practice Area:
Industry:
Court: Supreme Court
Judge: Nahmias, David E.
Attorneys: For plaintiff: Stephen L. Minsk Minsk & Associates LLC, Atlanta, for appellant.
for defendant: . William J. Sheppard and James G. Merritt Jr. James Bates Brannan Groover LLP, Atlanta, for appellee.
Case Number: S13A0117
Absent a transcript, the evidence presumably supported the trial court's judgment appointing a receiver to take possession of a piece of commercial property in Haralson County, on which a gas statio
Publication Date: 2013-06-20
Practice Area:
Industry:
Court: Supreme Court
Judge: Thompson, Hugh P.
Attorneys: For plaintiff: Thelma W. C. Moore Moore Law LLC, Dwight L. Thomas, Atlanta, and Mary K. Durant Durant Law LLC, Tucker, for appellant.
for defendant: Samuel S. Olens, Attorney General, Nancy B. Allstrom, Senior Assistant Attorney General, Henry A. Hibbert, Assistant Attorney General, Atlanta, and Keith E. Adams, Decatur, for appellee.
Case Number: S13A0188
An administrative law judge's civil ruling did not preclude the State's subsequent criminal prosecution of the defendant for two counts of Medicaid
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Authors: John J. Bannan
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Publication Date: 2013-06-06
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: W. Edward Meeks Jr., Leesburg, for appellant.
for defendant: Alexander H. Hart Hall, Williamson & Hart PC, Albany, for appellee.
Case Number: S13A0488
A disputed issue of material fact existed concerning whether the plaintiff's deceased husband intended to deed property back to the defendant after he failed to obtain financing and thus created an
Publication Date: 2013-06-03
Practice Area:
Industry:
Court: Supreme Court
Judge: Hines, P. Harris
Attorneys: For plaintiff: Connie H. Buffington, Margaret R. Martin, and Jonathan J. Tuggle Boyd Collar Nolen & Tuggle LLC, Atlanta, for appellant.
for defendant: Shiel G. Edlin, Carla M. Schiff Stern & Edlin, and Larry H. Chesin Parks, Chesin & Walbert PC, Atlanta, for appellee.
Case Number: S13A0494
The essential terms of a postnuptial agreement, which the wife had prepared, were not present and agreed upon by the pa
Publication Date: 2013-05-23
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: David C. Ates, Atlanta, for appellant.
for defendant: . Amicus Appellant: Charles R. Bliss, Karen E. Brown, John R. Bartholomew IV Atlanta Legal Aid Society Inc., and David A. Webster, Atlanta. Shanon J. McGinnis, Joseph D. Wargo, Michael Wolak III, Julie C. Jared, Amy L. Hanna Wargo & French LLP, Atlanta, Sarah B. Akins, Megan U. Manly, and Paul W. Painter Jr. Ellis Painter Ratterree & Adams LLP, Savannah, for appellees. Amicus Appellee: Monica K. Gilroy and Tania T. Trumble Dickenson Gilroy LLC, Alpharetta.
Case Number: S13Q0040
In considering three certified questions regarding the operation of Georgia's law governing non-judicial foreclosure, the Supreme Court held that the holder of a deed to secure debt does not have to
Publication Date: 2013-05-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Barnes, Anne Elizabeth
Attorneys: For plaintiff: John Ayoub and Carolina Bryant Ayoub & Mansour LLC, Atlanta, for appellant.
for defendant: Robert Beard and Fred Bentley, Marietta, for appellee.
Case Number: A13A0093
The tax commissioner was not authorized to use excess funds generated from a tax sale of property in 2007 to satisfy delinquent taxes owed on the property for tax years 2008
Publication Date: 2013-04-18
Practice Area:
Industry:
Court: Supreme Court
Judge: Nahmias, David E.
Attorneys: For plaintiff: Jillyn M. O'Shaughnessy and John P. Konvalinka Grant Konvalinka & Harrison PC, Chattanooga, Tenn., for appellant.
for defendant: Ben T. Hickey Jr Spicer, Flynn & Rudstrom PLLC, Chattanooga, Tenn., for appellee.
Case Number: S13F0152
The evidence supported the trial court's conclusion that an award of property in kind would not provide the wife with a sufficiently equitable division of the marital property, and that a sum of $5
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