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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

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Thomas et al. v. Alligood et al.

    Publication Date: 2021-04-05
    Practice Area: Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Laura Shamp, Joshua Silk, (Shamp Speed Jordan Woodward), Atlanta, for appellant.
    for defendant: Alphonso Howell, Gregory Talley, (Coleman Talley LLP), Valdosta, Sandra Foster, Wiley Wasden, Travis Windsor, (Brennan, Wasden, and Painter, LLC), Savannah, Charles Wainright, (Watson Spence LLP), Albany, for appellee.
    Case Number: A20A1950

    Plaintiff Not Harmed By Trial Court's Failure To Give Requested Pattern Instruction On Hospital's Duty of Care

  • Grand Canyon Education, Inc. v. Ward

    Publication Date: 2021-03-18
    Practice Area: Class Actions | Dispute Resolution | Education Law
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Derin Dickerson, Kristen Bromberek, (Alston & Bird LLP), Atlanta, for appellee.
    for defendant: G. Lemond, Edward Webb, (Webb, Klase & Lemond, LLC), Atlanta, for other party.
    Case Number: A20A1894

    Federal Regulations Prohibited Enforcement of Arbitration Clause in Online College's Enrollment Agreement

  • Schmeelk v. The State

    Publication Date: 2021-03-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Debra Jefferson, (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Rebecca Drube, (Weissman Nowack Curry & Wilco PC), Atlanta, Sean Keenan, Sunshine Nasworthy, (Cruser Mitchell Novitz Sanchez Gaston & Zimet LLP), Norcross, for appellee.
    Case Number: A20A2018

    Court vacates denial of new trial motion and remands case for trial court's exercise of discretion as a thirteenth juror over a conviction for family-violence aggravated assault

  • Becton v. The State

    Publication Date: 2021-03-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A20A1837

    Court affirms convictions for child molestation and other crimes over defendant's contentions of trial court error and insufficient evidence

  • North Walhalla Properties, LLC v. Kennestone Gates Condominium Association, Inc et al.

    Publication Date: 2021-03-03
    Practice Area: Litigation
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Ira McKee, (Attorney at Law), Marietta, for appellant.
    for defendant: Rebecca Drube, (Weissman Nowack Curry & Wilco PC), Atlanta, Sean Keenan, Sunshine Nasworthy, (Cruser Mitchell Novitz Sanchez Gaston & Zimet LLP), Norcross, for appellee.
    Case Number: A20A1838

    Court affirms summary judgment for condominium complex operator based on owner's lack of standing and remands case for dismissal of owner's complaint