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  • Lovell v. Raffensperger et al.

    Publication Date: 2024-02-06
    Practice Area: Civil Procedure | Constitutional Law
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Kristen Lovell, Evans, for appellant.
    for defendant: Thomas L. Cathey, Fort Gordon, Bryan Keith Webb, Russell David Willard, Elizabeth Wilson Vaughan, Christopher M. Carr, (Department of Law), Atlanta, William James Keogh, III, Jordan Bell, (Hull Barrett, P.C.), Augusta, for appellee.
    Case Number: S23A0887

    Court affirms dismissal of actions against State and county election officials for non-compliance with sovereign immunity waiver requirements under the Georgia Constitution

  • Collington v. Clayton County, et al.

    Publication Date: 2024-02-06
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: John David Hadden, Darren Wade Penn, (Penn Law LLC), Atlanta, Benjamin Frederick Windham, (Ben F. Windham, P.C.), Locust Grove, Robert Walker Garrett, (Morgan & Morgan Atlanta, PLLC), Columbus, for appellant.
    for defendant: Jack R. Hancock, Arash Ali Sabzevari, Wes C. Jackson, Jacob Edward Daly, (Freeman Mathis & Gary, LLP), Atlanta, for appellee; Charles Madden Cork, III, (LAW OFFICES OF CHARLES M. Cork, III), Decatur, for Amicus Appellant; Kellye C. Moore, (Walker Hulbert Gray & Moore, LLP), Perry, for Amicus Appellee; Daniel C. Prout, Jr., (Waldon Adelman Castilla McNamara & Prout), Atlanta, for Other Party.
    Case Number: S22G1146

    Court verifies that OCGA § 36-11-1 applies to official-capacity claims against county sheriffs, and rules that presenting the claim to a county governing authority satisfies the presentment requirement

  • Gibson-Wright v. Smith

    Publication Date: 2024-02-02
    Practice Area: Civil Appeals
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Tyler Conklin, (Conklin Law Firm), Atlanta, William Kelbaugh, (The Kelbaugh Firm LLC), Atlanta, for appellant.
    for defendant: John O’Brien, William Diehl, (Thompson, O’Brien, Kappler & Nasuti, PC), Peachtree Corners, Norcross, Rudolph Smith, Alapaha, for appellee.
    Case Number: A23A1540

    Court reverses grant of a protective order against a city council member because the evidence did not support that order, and remands for reconsideration of a claim for attorney fees

  • Bray v. Watkins

    Publication Date: 2024-02-01
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Richard Hendrix, Warren Lietz, (Finch McCranie), Atlanta, for appellant.
    for defendant: Jason Waymire, Terry Williams, (Attorney at Law), Buford, for appellee.
    Case Number: A22A1469

    On remand from the Georgia Supreme Court, the court vacated its previous opinion and remanded further for reconsideration of sovereign immunity in a lawsuit against a county sheriff

  • Cooper et al. v. Pollard et al.

    Publication Date: 2024-01-22
    Practice Area: Election and Political Law | Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Christopher Cohilas, Maggie Cropp, (Watson Spence LLP), Albany,, for appellant.
    for defendant: Venterra Pollard, Corey Morgan, Camilla, for appellee; LaTonya Wiley, (Denmark Ashby LLC), Atlanta, for AM.
    Case Number: A24A0389

    Court affirms default judgments in a quo warranto action and denial of a contempt motion pending an appeal in a petitioner's residency eligibility challenge to district council members

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Sumter County et al. v. Morris et al.

    Publication Date: 2024-01-16
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Raleigh Willis Rollins, H. Thomas Shaw, (Alexander & Vann, LLP), Thomasville, Hayden Hooks Hooks, (Arnold & Hooks LLC), Americus, for appellant.
    for defendant: Ralph F. Simpson, (Simpson Mediation Services), Cobb, for appellee.
    Case Number: S23G0169

    Court clarifies county's obligation in road maintenance, emphasizing the need for county authority to accept the dedication of a road for public use before the county is obligated to maintain it

  • Bray et al. v. Watkins

    Publication Date: 2023-12-14
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Richard Wayne Hendrix, Michael A. Sullivan, (Finch McCranie, LLP), Atlanta, for appellant.
    for defendant: Terry Eugene Williams, Jason Christopher Waymire, (Williams Morris & Waymire), Buford, for appellee.
    Case Number: S23G0836

    Court grants petition for a writ of certiorari, noting that sovereign immunity is a jurisdictional issue that must be resolved before a court addresses the merits of a case.

  • McCloud v. Lowndes County Board of Commissioners et al.

    Publication Date: 2023-11-29
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Bradley Robinson, Savannah, for appellant.
    for defendant: James Elliott, (Elliott, Blackburn & Gooding, P. C.), Valdosta, for appellee; Jeremy Willis, (Young, Thagard, Hoffman), Valdosta, for other party.
    Case Number: A23A0683

    Court vacates sovereign-immunity based dismissal of personal injury lawsuit against a Lowndes County employee and remands for clarification of procedural and evidentiary matters

  • State of Georgia v. Chapman

    Publication Date: 2023-11-28
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Christopher Carr, Robert Hamilton, Loretta Pinkston-Pope, Charles Francis, (Attorney General), Atlanta, for appellant.
    for defendant: Thomas Hackel, (Attorney at Law), Waycross, for appellee; Amy Urban, (Georgia State Board of Workers’ Compensation), Atlanta, for other party.
    Case Number: A23A0989

    In a workers' compensation case, court affirms that injured worker's rights were violated when an administrative law judge made factual findings on an issue that was not properly before it

  • Morgan County Hospital Authority v. City of Madison

    Publication Date: 2023-11-27
    Practice Area: Government | Health Care Law | Real Estate
    Industry: Health Care | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Kirk Fjelstul, Kathryn Zickert, (Smith, Gambrell & Russell LLC), Atlanta, for appellant.
    for defendant: James Carter, (James E. Carter Law Firm, LLC), Athens, Frank Jenkins, (Jenkins, Bowen & Walker, P.C.), Cartersville, for appellee.
    Case Number: A23A0795

    Proposed Drug Treatment Facility Would Be Continuation of Long-Time Hospital Use Already Occurring in City Location