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  • Redfearn v. Moore et al.

    Publication Date: 2024-06-26
    Practice Area: Contracts | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Laurie Daniel, Atlanta, John Smith, (Young Thagard Hoffman, Smith & Lawrence), Valdosta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellant.
    for defendant: Ben Brodhead, Ashley Fournet, Michael Arndt, (Brodhead Law, LLC), Atlanta, Orlando Ojeda, (Ojeda Legal, LLC), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, for appellee; David Atkinson, Sarah Daley, (Swift Currie McGhee & Hiers, LLP), Atlanta, for other party.
    Case Number: A24A1028

    Court affirms denial of motion to enforce a settlement agreement in a wrongful death action due to defendant's non-compliance with the strict terms of the offer

  • City of College Park et al. v. Steele

    Publication Date: 2024-06-20
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Sun Choy, Jacob Daly, (Freeman Mathis Gary, LLP), Atlanta, for appellant.
    for defendant: Michael McCulley, Tareek Abdel-Aleem, (The Aleem Law Firm), Atlanta, for appellee.
    Case Number: A24A0143

    Court reverses decision denying City's motion to dismiss due to insufficient ante litem notice, finding that plaintiff's demand for "approximate" damages was insufficient

  • The State v. Youn

    Publication Date: 2024-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Lisamarie Bristol, Eric Azcoitia, (Gwinnett County Solicitor General), Lawrenceville, Leah Hightower, (Office of the Dekalb County Solicitor General), Decatur, for appellant.
    for defendant: D. Sessions, (The Sessions Law Firm, LLC), Atlanta, Andrew Fleischman, (Sessions & Fleischman), Sandy Springs, for appellee.
    Case Number: A24A0705

    Court reverses suppression of DUI breath sample and allows admission of results of a third test, because second test had calibration issues and did not meet statutory requirements for a test

  • The State v. Jones

    Publication Date: 2024-05-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A24A0328

    Court affirms suppression of DUI evidence due to unreasonable prolongation of traffic stop, and vacates and remands a ruling on probable cause

  • Fraga v. The State

    Publication Date: 2024-05-16
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A24A0548

    Court affirms most convictions for family violence and cruelty over defendant's challenge to evidence and assertions of error, but reverses on conviction due to insufficient evidence

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    Chester County Court Rules 2024

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  • The State v. Carlton

    Publication Date: 2024-05-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Shalena Jones, Gabriel Justus, (Eastern Judicial Circuit District Attorney’s Office), Savannah, for appellant.
    for defendant: Robert Phillips, Jonathan Phillips, (Phillips Carson & Phillips), Savannah, for appellee.
    Case Number: A24A0134

    Court reverses dismissal of charges filed more than four years after a criminal incident, finding that indictment did not need to refer to COVID-19 emergency extension of statute of limitations

  • City of Canton v. Brandreth Holdings, LLC et al.

    Publication Date: 2024-05-03
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Robert Dyer, Laura Rollins, (Dyer & Rusbridge, P.C.), Canton, for appellant.
    for defendant: Michael Bain, Douglas Flint, (Flint, Connolly & Walker, LLP), Canton, for appellee.
    Case Number: A24A0019

    Court affirms denial of motion to dismiss in an inverse condemnation case against the City, which had argued to dismiss the case due to a failure to adhere to ante litem notice requirements

  • Cochran v. The State

    Publication Date: 2024-05-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Greg Willis, Casey Cleaver, Jessica Jones, (Willis Law Firm), Atlanta, for appellant.
    for defendant: Sonya Chachere-Compton, William Smith, (Douglas County Solicitor General’s Office), Douglasville, for appellee.
    Case Number: A24A0013

    Court reverses dismissal of defendant's motion to suppress evidence in a DUI case, finding that the motion adequately detailed assertions that a traffic stop was pretextual and lacked probable cause

  • First Acceptance Insurance Company of Georgia v. Watts et al.

    Publication Date: 2024-04-30
    Practice Area: Insurance Litigation | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: P. Freed, Philip Savrin, (Freeman, Mathis & Gary, LLP.), Atlanta, James Finley, Amy Daugherty, (The Finley Firm, P.C.), Columbus, Daniel Hendrix, (Jackson & Hendrix, LLC), Roswell, for appellant.
    for defendant: Ben Brodhead, Ashley Fournet, Michael Arndt, (Brodhead Law, LLC), Atlanta, Orlando Ojeda, (Ojeda Legal, LLC), Atlanta, Kenneth Bernard, (Sherrod & Bernard), Douglasville, for appellee.
    Case Number: A24A0588

    Court dismisses an insurer's appeal to the denial of its declaratory judgment action in an insurance coverage dispute because resolution of underlying tort action had been reached

  • Caskey v. The State

    Publication Date: 2024-03-26
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Amy Hayes, (Attorney at Law), Newnan, for appellant.
    for defendant: Amy Godfrey, Ashley Nechay, Sandra Wisenbaker, (Coweta County Solicitor General’s Office), Newnan, for appellee.
    Case Number: A24A0175

    Court remands a misdemeanor case for a hearing on defendant's claim of ineffective assistance of counsel in the plea process to determine if defendant understood the consequences of his plea