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  • Athens Heart Center, P.C. et al. v. Molina et al.

    Publication Date: 2023-12-21
    Practice Area: Civil Appeals
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Terrell Benton, Randolph Powell, Alexander Vey, (Huff Powell & Bailey), Atlanta, for appellant.
    for defendant: James Carter, (James E. Carter Law Firm, LLC), Athens, for appellee.
    Case Number: A23A1626

    Court dismisses an appeal of a multi-million dollar supersedeas bond order because it lacked jurisdiction over the order, which was not a final order in a medical malpractice case

  • Hartwell Railroad Company et al. v. Hartwell First United Methodist Church, Inc.

    Publication Date: 2023-11-28
    Practice Area: Real Estate
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: John Hall, Mark Toth, (Hall, Bloch, Garland, And Meyer), Macon, for appellant.
    for defendant: Walter Gordon, Kimberly Higginbotham, (The Gordon Law Firm, Attorneys at Law, LLC), Hartwell, for appellee.
    Case Number: A23A1021

    Language of Deeds in Chain of Title Showed Property Owner Acquired Fee Simple Title to Land Under Railroad Spur Track

  • Thomas v. The State

    Publication Date: 2023-11-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Ryan Malone, (Appellate Division, Georgia Public Defender Council), Macon, for appellant.
    for defendant: George Bessonette, (Tifton Circuit Public Defender), Tifton, Jennifer Smith, Chase Studstill, (Alapaha Judicial Circuit Distritct Attorney’s Office), Nashville, for appellee.
    Case Number: A23A1393

    Court affirms child molestation conviction, finding that defendant waived his continuing witness rule objection regarding a medical report that went to the jury during deliberations

  • Talboy v. Dukes

    Publication Date: 2023-10-30
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Carol Clark, (Carol Clark Law), Atlanta, James McClung, (Attorney at Law), Atlanta, John Sparks, (Austin & Sparks, P.C.), Atlanta, for appellant.
    for defendant: J. Hord, (Schreeder, Wheeler & Flint, LLP), Atlanta, for appellee.
    Case Number: A23A1068

    Court affirms dismissal of prescriptive easement claim for an underground sewer line because the line was not public and apparent to others

  • Amisano v. Cross Creek Condominium Association, Inc.

    Publication Date: 2023-10-23
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Amelia Phillips, (Phillips Law, LLC), Alpharetta, for appellant.
    for defendant: Jason LoMonaco, Daniel Moore, Victoria Baggett, (NowackHoward, LLC), Atlanta, for appellee.
    Case Number: A23A1088

    Default Should Have Been Set Aside Where Absent Defendant Never Received Clerk-Mailed Notice of Publication, Order, and Complaint

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  • P&D Ole Times, LLC v. McCray

    Publication Date: 2023-10-19
    Practice Area: Premises Liability
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Leslie Kennerly, John Smith, (Young, Thagard, Hoffman, Smith & Lawrence), Valdosta, for appellant.
    for defendant: Mark Tate, Andrew Zemany, (Tate Law Group LLC), Savannah, for appellee.
    Case Number: A23A1192

    Court reverses denial of a restaurant's summary judgment motion in a slip-and-fall case because injured plaintiff failed to exercise reasonable care for his safety

  • Smith v. Smith

    Publication Date: 2023-10-16
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Delia Crouch, (Attorney at Law), Newnan, John Cunningham, (Coweta Judicial Circuit District Attorney’s Office), Carrollton, for appellant.
    for defendant: Desiree Duke, (The Duke Law Firm, LLC.), Carrollton, David Webster, (Attorney at Law), Atlanta, for appellee.
    Case Number: A23A0896

    Court determines that a divorcing couples' prior contract as to disposition of a frozen embryo controlled over application of marital property and balancing approaches

  • Hines Interests Limited Partnership et al. v. Wright

    Publication Date: 2023-10-12
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Lauren Meadows, Stephen Schatz, (Swift Currie McGhee & Hiers), Atlanta, or appellant,
    for defendant: Jason Graham, (Graham Legal, LLC), Atlanta, for appellee; Parks Stone, Lawrence Washburn, Kristina Thompson, Devin Arnold, (Wilson Elser Moskowitz Edelman & Dicker), Atlanta, for other party.
    Case Number: A23A0680

    Court reverses trial court ruling and concludes that certain defendants should have been dismissed under the two-dismissal due to privity with another defendant

  • ECBI Warner, LLC v. Patrick et al.

    Publication Date: 2023-10-12
    Practice Area: Civil Procedure
    Industry: Technology Media and Telecom
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Robert Cheeley, Andre Tennille, (Cheeley Law Group, LLC), Alpharetta, Preston Haliburton, (Haliburton Law Firm), Atlanta, Gabrielle Holland, (Attorney at Law), Alpharetta, for appellant.
    for defendant: John Hawkins, (Athens-Clarke County Attorney’s Office), Athens, Matthew Bennett, (Bennett Law Office, LLC), Griffin, Ivy Duggan, Sarah Martin, (Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP), Rome, Theodore Meeker, (Sumner & Meeker), Newnan, for appellee; Matthew Bennett, (Bennett Law Office, LLC), Griffin, for other party.
    Case Number: A23A0779

    Court affirms dismissal of claims based on res judicata based on a parallel federal case that the plaintiffs dismissed with prejudice but reverses as to a writ of mandamus claim

  • Budd v. The Lamar Company, LLC

    Publication Date: 2023-10-05
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Steven Blackerby, (Brown, Readdick, Bumgartner), Brunswick, for appellant.
    for defendant: Christopher Jordan, (HunterMaclean), St Simons Island, Taylor Dove, (HunterMacLean), Savannah, for appellee.
    Case Number: A23A1438

    A new billboard lease that was entered after execution of a security deed on the underlying property was extinguished when the property was sold following a foreclosure