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  • Savannah State University Foundation, Inc. et al. v. Lewis et al.

    Publication Date: 2023-12-20
    Practice Area: Premises Liability
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Brian Smith, Phillip Hartley, (Attorney at Law), Gainesville, for appellant.
    for defendant: Ashleigh Madison, (Southeast Law, LLC), Savannah, John Carson, (Phillips Carson & Phillips), Savannah, for appellee.
    Case Number: A23A1199

    Court reverses denial of defendants' summary judgment motion in a premises liability case, finding that defendants were out-of-possession landlords that did not control or possess the property

  • Davis v. The Estate of James Leslie McClain III

    Publication Date: 2023-12-19
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Brian Patterson, (The Law Office of Brian V. Patterson, LLC), Athens, for appellant.
    for defendant: Kevin Epps, Tyler Gaines, (Epps, Holloway, DeLoach & Hoipkemier LLC), Watkinsville, for appellee.
    Case Number: A23A1222

    Court affirms summary judgment in dispute over a will provision, finding that the will created a tenancy in common because it did not use the requisite language to create a joint tenancy

  • Head et al. v. Planet Home Lending, LLC et al.

    Publication Date: 2023-12-19
    Practice Area: Creditors' and Debtors' Rights
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Paul Kunst, (Paul C. Kunst PC), Barnesville, for appellant.
    for defendant: Bret Chaness, Patricia Whitehead, (Rubin Lublin LLC), Peachtree Corners, for appellee.
    Case Number: A23A1279

    Court affirms summary judgment in favor of lender in a mortgage reversion case, rejecting property owner's statute of limitations and laches claims

  • Bradley v. Westrock CP, LLC et al.

    Publication Date: 2023-12-18
    Practice Area: Civil Procedure | Personal Injury
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Philip Bradley, Petersburg, for appellant.
    for defendant: Colin Kelly, Timia Skelton, (Shook, Hardy & Bacon LLP), Atlanta, for appellee.
    Case Number: A23A1236

    Court partially reverses summary judgment in a negligence suit, finding that personal injury claims for negligence and design defects were not barred by res judicata based on prior property damage suit

  • Lawson v. Weidman

    Publication Date: 2023-12-18
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Iasiah Jones, (Jones Legal Practice, LLC), Lawrenceville, for appellant.
    for defendant: Albert Myers, (Albert A. Myers III PC), Conyers, for appellee.
    Case Number: A23A1259

    Court dismisses part of appeal to a temporary injunction to the extent it related to property and affirms a trial court ruling that set aside a quitclaim deed to that property

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • D. L. v. St. Francis Health, LLC

    Publication Date: 2023-10-24
    Practice Area: Premises Liability
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Taylor Martin, (Martin Trial Law), Macon, for appellant.
    for defendant: Robert Martin, Sean Mims, (Hall Booth Smith, P.C.), Columbus, James Brooks, (OakBridge Law Group), Atlanta, Avery Nail, Columbus, for appellee.
    Case Number: A23A1051

    Court reverses summary judgment order in a premises liability case because of questions of fact over whether intervening criminal conduct was reasonably foreseeable

  • Leggat et al. v. Navicent Health, Inc. et al.

    Publication Date: 2023-10-23
    Practice Area: Civil Procedure | Medical Malpractice | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Jeffrey Banks, (Banks & Riedel, PC), Eastman, for appellant.
    for defendant: Hunter Allen, Joscelyn Hughes, Jennifer Bellis, (Bendin Sumrall & Ladner), Atlanta, Samuel Lucas, Stephen Moseley, (Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP), Rome, Jo Jagor, Mikell Reynolds, (Huff Powell Bailey), Atlanta, Austin Atkinson, Mitchell Walker, (Hall Booth Smith PC), Atlanta, for appellee.
    Case Number: A23A0631

    COVID Emergency Order Did Not Support Medical Malpractice Plaintiff's Claim For Additional Time to File Expert Affidavit

  • West v. The State

    Publication Date: 2023-10-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Stanley Schoolcraft, (Circuit Public Defender's Office), McDonough, for appellant.
    for defendant: Fani Willis, Kevin Armstrong, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A23A1113

    Court affirms convictions for aggravated sodomy and other crimes over defendant's contentions of ineffective assistance of trial counsel

  • Campus v. The State

    Publication Date: 2023-10-09
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Ricardo Campus, (Riverbend Correctional Facility), Milledgeville, for appellant.
    for defendant: Patsy Austin-Gatson, Christopher DeNeve, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A23A1158

    Trial Court Properly Dismissed Out-of-Term Motion to Withdraw Guilty Pleas

  • Sheffield v. Jekyll Island State Park Authority

    Publication Date: 2023-10-09
    Practice Area: Premises Liability | Real Estate
    Industry: Entertainment and Leisure | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Ross Evans, (CBxMU PLLC), St. Augustine, for appellant.
    for defendant: Ronald Boyter. Christopher Carr, Christina Waide, Kathleen Pacious, Angela Cusimano, (Attorney General’s Office, GA), Atlanta, for appellee.
    Case Number: A23A1023

    Premises Liability Plaintiff's Conclusory and Speculative Factual Allegations Insufficient to Defeat Summary Judgment