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  • Reid v. Metropolitan Atlanta Rapid Transit Auth.

    Publication Date: 2015-06-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Todd Maziar, Atlanta, for appellant.
    for defendant: Harold Bagley, John Blackmon, Joseph Ward Drew Eckl Farnham, and Frank Putney Metropolitan Atlanta Rapid Transit Auth., Atlanta, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Compensation, Atlanta.
    Case Number: A13A0814

    The 2-year change in condition statute of limitation found in O.C.G.A. § 34-9-104 subsection b barred the employee's claim seeking to recover statutory penalties for late benefit payments in his wor

  • Headrick v. Stonepark of Dunwoody Unit Owners Ass'n Inc.

    Publication Date: 2015-06-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Clifford Hardwick, Roswell, for appellant.
    for defendant: . Jason LoMonaco Weissman, Nowack, Curry Wilco PC, Atlanta, Elina Brim, and John Lueder Lueder, Larkin Hunter LLC, Alpharetta, for appellees.
    Case Number: A14A1711

    The appellants in a suit arising out of structural problems at a condominium complex that was constructed on top of a waste pit had either abandoned their enumerations of error or the enumerations l

  • 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

  • Wright v. Burch

    Publication Date: 2015-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Scott Shaw Shaw Law Firm, Atlanta, for appellant.
    for defendant: Kynna Garner and Nancy Jordan Warner, Bates, McGough, McGinnis Portnoy, Atlanta, for appellee.
    Case Number: A14A2089

    The trial court erred when it enforced the purported settlement of a child support dispute to the extent that it reduced the father's arrearage as to past due child support pay

  • Potts v. State

    Publication Date: 2015-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: David Marshall, Marietta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A14A2350

    The trial court erred in failing to merge two of the defendant's aggravated assault convi with his armed robbery convi

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Patterson v. State

    Publication Date: 2015-06-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: George Sparks, Assistant Public Defender, and Michael Manfredi Public Defender's Office, Dalton, for appellant.
    for defendant: Herbert Poston, District Attorney, and Susan Franklin, Assistant District Attorney, Dalton, for appellee.
    Case Number: A14A2208

    The trial court properly declined to give the defendant's three requested jury ch

  • Norwich v. The Shrimp Factory Inc.

    Publication Date: 2015-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Dwight Feemster Duffy Feemster LLC, Savannah, for appellant.
    for defendant: . Peter Muller Goodman, McGuffey, Lindsey Johnson LLP, Savannah, for appellee.
    Case Number: A14A1884

    The plaintiff had equal knowledge of the allegedly hazardous condition of a step in a restaurant's res because she had successfully negotiated the step when she entered the res

  • The Four County Bank v. Tidewater Equip. Co.

    Publication Date: 2015-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Daniel Wilder Law Offices of Emmett L. Goodman Jr. LLC, Macon, for appellant.
    for defendant: Eugene Hatcher and Allen Orr Anderson Walker Reichert LLP, Macon, for appellee.
    Case Number: A14A1677

    The trial court properly granted summary judgment to the defendant in a bank's suit for trover and conversion, since the bank failed to file continuation statements in connection with its security i

  • McElvaney v. Roumelco LLC

    Publication Date: 2015-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Andrew Beal Beal Blitch LLP, John Christy, Scott McAlpine Schreeder, Wheeler Flint, Bryan Knight, and Todd Robinson Knight Johnson LLC, Atlanta, for appellant.
    for defendant: Bruce Brown, Atlanta, for appellees.
    Case Number: A14A1598

    Genuine questions of material fact remained in the plaintiff's breach of contract suit concerning his ownership interest in a co

  • Stewart v. Suntrust Mortgage Inc.

    Publication Date: 2015-05-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Ronny Jones, Monticello, for appellant.
    for defendant: Susan Hall and Ronald Stay Stites Harbison PLLC, Atlanta, for appellee.
    Case Number: A14A2047

    The trial court erred in dismissing some of plaintiff's claims against bank after it foreclosed on his residential pro