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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

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • The State v. Ault

    Publication Date: 2023-10-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Charles Higgins, (District Attorney's Office for the Brunswick Judicial Circuit), Brunswick, Benjamin Gephardt, (District Attorney's Office, Brunswick Judicial Circuit), Kingsland, for appellant.
    for defendant: Alan Tucker, (Tucker & Browning Law, P.C.), Brunswick, Adrienne Browning, (Adrienne Browning, Attorney at Law, P.C.), Brunswick, for appellee.
    Case Number: A23A0792

    Court vacates 7-yer sentence for burglary and remands for resentencing to 25 years under the recidivist statute because defendant was a habitual felon

  • Flat Creek Falls, LLC v. Labat, Solely in his Capacity as Sheriff of Fulton County et al.

    Publication Date: 2023-09-19
    Practice Area: Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: John Clark, (Clark Caskey, LLC), Atlanta, for appellant.
    for defendant: William Sams, (W. Shannon Sams Law, P.C.), Atlanta, Victoria Kealy, Thomas Whitley, (Office of the Fulton County Attorney), Atlanta, Meredith Germain, Valerie Ross, (Turner Ross Germain, LLC), Marietta, Bradley Hutchins, (Weissman, PC), Atlanta, Joshua Adams, (Internal Revenue Service), Seattle, for appellee.
    Case Number: A23A1145

    City's Lien Against Real Property Could Not Be Satisfied From Excess Funds Remaining After Tax Sale

  • H. J. Russell & Company v. Landmark American Insurance Company et al.

    Publication Date: 2023-09-05
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: David Bersinger, James Leonard, Christopher Daniels, (Barnes & Thornburg LLP), Atlanta, for appellant.
    for defendant: Anne Landrum, Wayne Taylor, (Mozley Finlayson & Loggins), Atlanta, Paul Fields, Ann Kirk, Taryn Kadar, (Fields Howell LLP), Atlanta, Anthony Morris, Anthony Morris, (Akerman LLP), Atlanta, Wayne Taylor, (Mozley Finlayson & Loggins), Atlanta, Taylor Davis, Robert Fisher, Jocelyn DeMars, (Clyde & Co. US, LLP), Atlanta, Jeremy Burnette, (Polsinelli, P.C.), Atlanta, for appellee.
    Case Number: A23A0944

    Court affirms dismissal of an insured party's breach of contract claims against insurers that were based on intangible losses associated with the COVID-19 pandemic

  • Da Silva v. The State

    Publication Date: 2023-08-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Tyler Conklin, (Conklin Law Firm), Atlanta, 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: A23A0922

    Defendant's Offhand Remark During Trial Testimony Placed His Character at Issue, Opening Door to Impeachment Evidence

  • Brown v. The State

    Publication Date: 2023-08-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Stanley Schoolcraft, (Circuit Public Defender’s Office), McDonough, 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: A23A0704

    Business Entity Named as Payor on Stolen Check Was "Person" Within Meaning of Identity Fraud Statute