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  • White et al. v. McGouirk et al.

    Publication Date: 2024-02-15
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Russell Davis, (Downey & Cleveland), Marietta, David Hanson, (The Hanson Firm LLC), Atlanta, Zachary Fuller, (Hanson Fuller, LLC), Atlanta, for appellant.
    for defendant: Derek Nuce, (Pasley, Nuce, Mallory & Davis, LLC), Thomaston, James Sadd, Daniel Epstein, (Slappey & Sadd, LLC), Atlanta, for appellee.
    Case Number: A23A1548

    Court affirms $10.1 million verdict in a medical malpractice case, rejecting defendants' arguments regarding improper comments by plaintiffs' counsel and excessive size of award

  • Wellpath, LLC v. Cox

    Publication Date: 2024-02-14
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Stephen Schatz, Matthew Howard, (Swift Currie McGhee & Hiers), Atlanta, for appellant.
    for defendant: Patrick Flynn, (Patrick S. Flynn, LLC), Albany, Carolyn Burch, (The Burch Firm LLC), Columbus, for appellee; John Dean, (Hall Booth Smith, P. C.), Tifton, Jesse Bowles, (Attorney at Law), Cuthbert, for other party.
    Case Number: A23A1298

    Court reverses denial of defendant's motion to withdraw an admission and grant of plaintiff's partial summary judgment motion over a respondeat superior issue in a personal injury case

  • Modi v. India-American Cultural Association

    Publication Date: 2024-02-14
    Practice Area: Business Torts
    Industry: Non-Profit
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Girish Modi, Decatur, for appellant.
    for defendant: Leo Kogan, (Freeman Mathis & Gary), Atlanta, for appellee.
    Case Number: A23A1569

    Court affirms liability for an attorney fee award in a case involving violations of an organization's bylaws, but remands for specific assessment of fees in relation to sanctionable conduct

  • In the Interest of R. E. Z. B., a child.

    Publication Date: 2024-01-08
    Practice Area: Family Law | Immigration Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Rebeca Salmon, (Attorney at Law), Norcross, for appellant.
    for defendant: Cathy Lerow, (Attorney at Law), Marietta, for appellee.
    Case Number: A23A1775

    Court affirms finding of dependency and an award of custody, but remands the case for specific findings on a child's special immigrant juvenile status

  • Simmons v. Turner

    Publication Date: 2024-01-03
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jim David, (Law Office of Jim R. David), Homer, for appellant.
    for defendant: William Myers, (Myers & Stroberg), Gainesville, for appellee.
    Case Number: A23A1328

    Court affirms dismissal of a renewal car accident lawsuit due to lack of proper service of original lawsuit

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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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