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  • Tate v. Habif et al.

    Publication Date: 2023-04-28
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Geffry Tate, Riverdale, for appellant.
    for defendant: Eric Jenniges, Ronald Negin, Christopher Stovall, (Busby & Negin, Inc.), Atlanta, for appellee.
    Case Number: A23A0461

    Court reverses dismissal of claims that had been based on res judicata because those claims were not adjudicated by a magistrate court, which had no jurisdiction over them

  • Pope v. The State

    Publication Date: 2023-04-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jackie Patterson, (Attorney at Law), Atlanta, for appellant.
    for defendant: Brian Whiteside, Joseph Morales, (Gwinnett County Solicitor-General’s Office), Lawrenceville, Lisamarie Bristol, (Office of the Public Defender Alcovy Judicial Circuit), Monroe, for appellee.
    Case Number: A23A0532

    DUI Accusation Adequately Alleged "Actual" Physical Control of Moving Vehicle While Defendant Was Intoxicated

  • Cruz v. Patel

    Publication Date: 2023-04-26
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jonathan Rosenburg, (Rosenburg Law), Atlanta, for appellant.
    for defendant: Brian Williams, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for appellee.
    Case Number: A23A0225

    Court affirms judgment for defendant in a car accident negligence case where plaintiff suffered damages but was found to be more than 50 percent at fault

  • Modi v. India-American Cultural Association, Inc.

    Publication Date: 2023-04-26
    Practice Area: Civil Appeals
    Industry:
    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: A23A0411

    Court affirms dismissal of complaint for declaratory and injunctive relief and remands attorney fee award for defendant due to pending bankruptcy filing by plaintiff

  • Wiggins v. Rogers

    Publication Date: 2023-04-21
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Beverly Cohen, (Attorney at Law), Roswell, for appellant.
    for defendant: Sean Whitworth, (Law Offices of Sean R. Whitworth LLC), Marietta, for appellee.
    Case Number: A23A0110

    Court affirms modified order awarding primary physical custody to a mother in a divorce case but reverses a child support award that deviated from statutory norms

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    Georgia Construction Law Handbook 2024

    Authors: T. BART GARY, JAKE CARROLL

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  • Taylor v. The State

    Publication Date: 2023-04-20
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Leslie Jones, (Leslie Spornberger Jones LLC), Athens, for appellant.
    for defendant: James Smith, Gregory Wagner, (District Attorney), Jefferson, for appellee.
    Case Number: A23A0598

    Guilty Plea Was Not Result of Undue Coercion Arising From Protective Custody/Isolation Prior to Entry of Plea

  • The State v. Carswell

    Publication Date: 2023-04-19
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Daniel Bibler, (Deputy Chief Assistant District Attorney Houston Judicial Circuit), Perry, Anita Howard, (Macon Judicial Circuit District Attorney’s Office Office of the District Attorney Macon Judicial Circuit), Macon, for appellant.
    for defendant: Erikka Williams, (Williams Law Group), Warner Robins, for appellee.
    Case Number: A23A0209

    State Could Not Appeal From Trial Court Order on Motion Filed Less Than 30 Days Before Scheduled Start of Trial

  • Lewis v. Gwinnett County et al.

    Publication Date: 2023-04-05
    Practice Area: Civil Procedure | Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, Michael Watson, (Watson Law Firm), Atlanta, Ibrahim Awad, (The Awad Law Firm, P.C.), Woodstock, for appellant.
    for defendant: Tuwanda Williams, Melanie Jean-Noel, (Gwinnett County Law Department), Lawrenceville, for appellee; Nicole Stout, (Attorney at Law), Atlanta, Elise Wilson, (Strawinski & Stout, P.C.), Atlanta, for other party.
    Case Number: A22A1246

    Emergency COVID-19 Court Order Tolled Time For Providing Ante Litem Notice to County of Negligence Action

  • Freeman v. The State

    Publication Date: 2023-03-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Atlanta, for appellant.
    for defendant: Patsy Austin-Gatson, Christopher DeNeve, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A23A0174

    Court affirms convictions for rape, burglary, and other crimes over defendant's contentions on insufficient evidence, trial court error, and ineffective assistance

  • Lipman et al. v. State of Georgia

    Publication Date: 2023-03-10
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: David Conley, Robert Ingram, (Chilivis Grubman Dalbey & Warner LLP), Atlanta, Scott Grubman, (Chilivis Grubman Dalbey & Warner LLP), Atlanta, Brittany Cambre, (Chilivis, Grubman, Dalbey & Warner LLP), Atlanta, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Sara Vann, (Office of the Attorney General, Medicaid Fraud Control Unit), Atlanta, Jessica Hall, (Georgia Office of the Attorney General), Atlanta, Mary Bryan, (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A22A1659

    Violations of Federal Anti-Kickback Statute Can Support Liability Under Georgia's False Medicaid Claims Act