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  • Hill v. The State

    Publication Date: 2021-07-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: John Monroe, (John Monroe Law, P.C.), Dawsonville, for appellant.
    for defendant: Lee Darragh, (District Attorney, NEJC of GA), Gainesville, Laura Lukert, (Northern Judicial Circuit District Attorney's Office), Athens, for appellee.
    Case Number: A21A0351

    State Fails to Present Sufficient Evidence of Actual or Constructive Drug Possession to Support Defendant's Convictions

  • West et al. v. Bowser et al.

    Publication Date: 2021-07-27
    Practice Area: Dispute Resolution
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Lance McCoy, (The McCoy Law Firm), Cartersville, Robert Walker, (Jenkins, Bowen & Walker, P.C.), Cartersville, for appellant.
    for defendant: Robert Luskin, Robert Noble, (Goodman, McGuffey, Lindsey & Johnson LLP), Atlanta, David Hayes, (Attorney at Law), Atlanta, Kathleen Simcoe, (Owen Gleaton Egan Jones & Sweeney, LLP), Atlanta, for appellee.
    Case Number: A21A0055

    Court reverses order compelling arbitration in a wrongful death matter because decedent's guardian did not have authority to sign a pre-dispute arbitration agreement.

  • The Augusta Chronicle et al. v. Woodall et al.

    Publication Date: 2021-07-23
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jordon Morrow, (Brannen, Searcy & Smith), Savannah, for appellant.
    for defendant: J. Smith, Michael Cauley, (Smith Cauley LLC), Dublin, Daniel Snipes, (Taulbee, Rushing, Snipes, Marsh & Hodgin, LLC), Statesboro, for appellee; Anthony Adkins, (Speed, Seta, Martin & Trivett, LLC), Lawrenceville, Daniel Prout, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for other party.
    Case Number: A21A0493

    Newspaper Defendants Cannot Be Held Vicariously Liable for Vehicle Collision; Newspaper Carrier Was an Independent Contractor Over Which Defendants Did Not Exercise Sufficient Control

  • Connie v. Garnett

    Publication Date: 2021-07-23
    Practice Area: Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Edwin Wilson, (Frails & Wilson), Augusta, Randolph Frails, (Attorney at Law), Augusta, for appellant.
    for defendant: Jeffrey Braintwain, (Huff, Powell & Bailey, LLC), Atlanta, David Mize, (Attorney at Law), Columbus, for appellee.
    Case Number: A21A0413

    Supervising Physician in Medical Malpractice Action Is Not Entitled to Summary Judgment on Issue of Causation

  • In the Interest of B. B.

    Publication Date: 2021-06-29
    Practice Area: Civil Procedure | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Joseph Mulholland, (District Attorney), Bainbridge, Robert Richardson, (Public Defenders Standards Council), Bainbridge, for appellant.
    for defendant: Ernie Sheffield, (Private Attorney), Colquitt, for appellee.
    Case Number: A21A0480

    State May File Direct Appeal From Juvenile Court Order Denying Its Motion to Transfer to Superior Court

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Board of Commissioners of Lowndes County v. Mayor and Council of The City of Valdosta et al.

    Publication Date: 2021-06-21
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: James Elliott, Walter Elliott, (Elliott, Blackburn & Gooding, P.C.), Valdosta, for appellant.
    for defendant: Robin Leigh, (Assistant Attorney General), Atlanta, George Talley, Gregory Talley, (Coleman, Talley, Newbern, Kurrie Et Al), Valdosta, Timothy Tanner, (Attorney at Law), Valdosta, Whitney Groff, (Georgia Office of the Attorney General), Atlanta, Andrew Welch, Warren Tillery, (Smith Welch Webb & White), McDonough, Brandon Palmer, (Smith, Welch, Webb & White, LLC), Peachtree City, for appellee.
    Case Number: A19A1538

    Court vacates its earlier opinion and remands with direction to reverse the dismissal of a complaint that had been erroneously dismissed on sovereign immunity grounds

  • Collins v. The State

    Publication Date: 2021-05-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jerry Chappell, (Solo Practicioner), Roswell, for appellant.
    for defendant: Gregory Futch, Assistant District Attorney), Cleveland, William Langley, (District Attorney), Blairsville, for appellee.
    Case Number: A21A0291

    Trial Court Properly Analyzed That Probative Value of Defendant's Prior Conviction Outweighed Any Prejudicial Effect

  • The Retail Property Trust v. McPhaul et al.

    Publication Date: 2021-05-03
    Practice Area: Personal Injury | Premises Liability | Real Estate
    Industry: Real Estate | Retail
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Wayne McGrew, Andrew Bagley, (McGrew Miller Bomar & Bagley LLC), Atlanta, James Banks, (Weathington McGrew LLC), Atlanta, for appellant.
    for defendant: John Moore, (The Moore Law Group, LLC), Atlanta, for appellee. James Brieske, (Attorney at Law), Atlanta, Brycen Maenza, (Swift Currie McGhee & Hiers LLP), Atlanta, George Duncan, (Dennis, Corry, Smith & Dixon, LLP), Atlanta, for other party.
    Case Number: A21A0467

    Altercation Between Motorists in Mall Parking Area Was Not Reasonably Foreseeable

  • Willis v. The State

    Publication Date: 2021-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Thomas Mondelli, Decatur, for appellant.
    for defendant: Elizabeth Baker, (Griffin Judicial Circuit District Attorney Fayette County District Attorney's Office), Fayetteville, Marie Broder, (Spalding County District Attorney's Office), Griffin, for appellee.
    Case Number: A21A0425

    Court affirms convictions for armed robbery and other crimes over defendant's contentions that the State failed to disprove his coercion defense and evidentiary error

  • Harris v. The State

    Publication Date: 2021-04-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jacob Rhein, (Law Offices of Jacob D. Rhein), Lawrenceville, for appellant.
    for defendant: Layla Zon, (District Attorney), Covington, Walter Howard, (Alcovy Judicial Circuit), Monroe, Randal McGinley, (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A20A2054

    Trial Counsel's Unilateral Decision to Concede Defendant's Guilt on Meth Possession Charge Did Not Constitute a Structural Error