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  • Crabapple Lake Parc Cmty. Ass'n Inc. v. Circeo

    Publication Date: 2013-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: David Boy, Cynthia Hodge, Albert Williams, and John Lueder Lueder, Larkin & Hunter LLC, Alpharetta, for appellant.
    for defendant: Richard Capriola and David Weinberg Winter Capriola Zenner LLC, Atlanta, for appellees.
    Case Number: A13A1584

    On remand, the trial court must determine whether building a wooden walkway and footbridge over an easement running across the defendants' properties is reasonably necessary to accomplish the purpos

  • Lima Delta Co. v. Global Aerospace Inc.

    Publication Date: 2013-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Samuel Woodhouse The Woodhouse Law Firm, Atlanta, Gary Evans, and George Coats Coats & Evans PC, The Woodlands, Texas, for appellant.
    for defendant: . James Singer Bovis, Kyle & Burch, Leah Sears Schiff Hardin LLP, Atlanta, Jeffrey Moryan, and Jonathan McHenry Connell Foley LLP, Roseland, N. J., for appellee.
    Case Number: A13A1532

    The trial court properly found that the nonresident defendants, acting through their agent, transacted business in Georgia so as to subject themselves to the personal jurisdiction of the state's cou

  • Omni Builders Risk v. Bennett

    Publication Date: 2013-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: M. Katherine Durant, Tucker, and Gary Gerrard, Lexington, for appellant.
    for defendant: . Eleanor Attwood and Amanda Farahany Barrett & Farahany, Atlanta, for appellee.
    Case Number: A13A1137; A13A1138

    The trial court erred in denying the defendant's motion for attorneys' fees under O.C.G.A. § 9-15-14, as the plaintiff's claim that the defendant fraudulently induced her to participate in mediation

  • Smith v. CSX Transp. Inc.

    Publication Date: 2013-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Michael Warshauer and Douglas Dumont Warshauer Law Group PC, Atlanta, for appellant.
    for defendant: . James Gilson, Karen Dunbar Casey, Gilson & Williams PC, and Daryl Clarida Hall, Bloch, Garland & Meyer LLP, Atlanta, for appellee.
    Case Number: A13A1504

    Evidence regarding the plaintiff's disciplinary record and the fact that he was up for dismissal as a result of that record was relevant to the plaintiff's claim for lost future

  • Atkinson v. City of Atlanta

    Publication Date: 2013-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Samuel Starks and Elizabeth Rodgers Martin & Jones PLLC, Atlanta, for appellant.
    for defendant: Torrey Smith City of Atlanta, Atlanta, for appellee.
    Case Number: A13A1040

    The trial court properly granted summary judgment to the City of Atlanta in a nuisance action arising from a water main break that flooded the plaintiff's pro

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    Authors: Daniel A. Cohen, Joshua Feinstein

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  • Dodson v. Sykes Indus. Holdings LLC

    Publication Date: 2013-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: James Webb and Jordan Jewkes Webb, Wade & Taylor LLC, Peachtree City, for appellant.
    for defendant: Jonathan Mason and Jeffrey Riddle Riddle & Schwartz LLC, Atlanta, for appellees.
    Case Number: A13A0940

    The trial court erred in ruling on the defendant's summary judgment motion while the plaintiff's motion to compel discovery was pe

  • State v. Pruiett

    Publication Date: 2013-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Herbert Franklin, District Attorney, and Matthew Brown District Attorney's Office, LaFayette, for appellant.
    for defendant: Rex Abernathy Cook & Connelly, and Steven Miller, Summerville, for appellee.
    Case Number: A13A1293

    Double jeopardy did not bar the defendant's drug possession charges in the second accusation against her, as these charges did not ve the same conduct at issue in the first accusation since the

  • 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

  • Brown v. State

    Publication Date: 2013-11-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Agis Bray Public Defender's Office, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Frances Kuo District Attorney's Office, Jonesboro, for appellee.
    Case Number: A13A1595

    The State was not required to show that the defendant was actually aroused in order to prove that he was guilty of child molest

  • 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