• City of College Park et al. v. Martin

    Publication Date: 2022-11-10
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Winston Denmark, Valorri Jones, (Fincher Denmark LLC), Jonesboro, Amy Katz, Atlanta, for appellant.
    for defendant: Matthew Billips, (Barrett & Farahany), Atlanta, for appellee.

    Case Number: A22A0740

    Open Meetings Act does not require a vote for appointment of interim officials, and trial court erred in granting former employee's summary judgment motion on that basis

  • Freeman v. The State

    Publication Date: 2022-10-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Jennifer Arndt, (Assistant Public Defender), Covington, for appellant.
    for defendant: Randal McGinley, (Newton County District Attorney’s Office), Covington, Briana Carter, Conyers, for appellee.

    Case Number: A22A0996

    Court affirms convictions for aggravated battery and other crimes over defendant's challenges to sufficiency of evidence and admission of prior acts evidence

  • Rosser v. Lynn et al.

    Publication Date: 2022-10-06
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Stanley Lefco, (Law Offices Stanley M. Lefco, P.C.), Atlanta, for appellant.
    for defendant: Veronica Hoffler, Tierra Whitlock, (Law Office of Andrews an Maganiello), Tucker, for appellee.

    Case Number: A22A0761

    Court vacates dismissal of a personal injury action that was dismissed for lack of service and remands for consideration of plaintiff's motion for service by publication

  • Hamilton Mill Theatre Development, LLC v. Regal Cinemas, Inc.

    Publication Date: 2022-09-23
    Practice Area: Landlord Tenant Law
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: James Hawkins, (James W Hawkins LLC), Cumming, Cary Ichter, (Attorney at Law), Atlanta, for appellant.
    for defendant: John Perry, Jennifer Collins, (Womble, Carlyle, Sandridge & Rice, PLLC), Atlanta, for appellee.

    Case Number: A22A0715

    Court affirms summary judgment for commercial tenant in a dispute over nonpayment of rent when tenant's operations were suspended during the pandemic

  • Williams v. Dekalb County et al.

    Publication Date: 2022-08-03
    Practice Area: Civil Appeals
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Thomas Burch, (UGA School of Law, Appellate Clinic), Athens, for appellant.
    for defendant: Bennett Bryan, Laura Johnson, Terry Phillips, Shaheem Williams, (DeKalb County Law Department), Decatur, Ken Jarrard, (Jarrard & Davis, LLP), Cumming, Brent Herrin, Gus Small, Benjamin Klehr, (Small Herrin, LLP), Atlanta, for appellee.

    Case Number: A22A0508

    Court affirms dismissal of taxpayer's complaint for injunctive relief and for in camera review of documents but vacates and remands claim for civil damages

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  • The State v. Walker

    Publication Date: 2022-08-02
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Carlton Hayes, Sara Grainger, David McElyea, Emily Labutta, (Cherokee County Solicitor-General’s Office), Canton, for appellant.
    for defendant: D. Sessions, (The Sessions Law Firm, LLC), Atlanta, for appellee.

    Case Number: A20A0544

    Court adopts Supreme Court holding that a dismissal of a criminal case for want of prosecution is not a barrier to re-prosecution, but statute of limitations still applies

  • The State v. Nixon

    Publication Date: 2022-08-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Elizabeth Racine, Aimee Sobhani, (Douglas County District Attorney’s Office), Douglasville, for appellant.
    for defendant: Christy Draper, (Attorney at Law), Douglasville, for appellee.

    Case Number: A22A0406

    Court reverses dismissal of aggravated assault charges after finding that missing video evidence was not constitutionally material and was not lost in bad faith

  • Pferrman et al. v. BPS of Tifton, Inc.

    Publication Date: 2022-07-29
    Practice Area: Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: John Blair, (Levy, Sibley, Foreman & Speir, LLC), Columbus, John Hadden, (Penn Law, LLC), Atlanta, Chip Morris, Francis Morris, (Morris Law Firm), Tifton, for appellant.
    for defendant: Scott McMickle, (McMickle, Kurey & Branch, L.L.P.), Alpharetta, for appellee.

    Case Number: A22A0581

    Court affirms summary judgment denying claims for strict liability under the High-Voltage Safety Act because defendant was not covered by that Act

  • Glasper v. The State

    Publication Date: 2022-07-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: H. Morris, (Public Defender Office), Gainesville, Christopher van Rossem, (Northeastern Judicial Circuit Public Defender Office), Gainesville, for appellant.
    for defendant: William Akins, (Assistant District Attorney), Gainesville, Lee Darragh, (District Attorney, NEJC of GA Northeastern Judicial Circuit), Gainesville, for appellee.

    Case Number: A22A0505

    Court reverses revocation of defendant's probation because it had been based on wrongly-admitted evidence that violated the best evidence rule

  • Emory University d/b/a Emory University Hospital Smyrna et al. v. Kennestone Hospital, Inc. d/b/a Wellstar Windy Hill Hospital

    Publication Date: 2022-07-28
    Practice Area: Regulation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Robert Threlkeld, Elliott Coward, (Morris Manning & Martin, LLP), Atlanta, for appellant.
    for defendant: Armando Basarrate, David Darden, Grace Kopache, (Parker, Hudson, Rainer & Dobbs), Atlanta, David Conley, Robert Ingram, (Moore Ingram Johnson & Steele, LLP), Marietta, Amy Weil, (The Weil Firm, LLC), Atlanta, for appellee; Christopher Carr, Margaret Eckrote, (Attorney General), Atlanta, Stacey Hillock, (Department of Community Health), Atlanta, Daniel Walsh, Dale Cecka, (Department of Law, State of Georgia), Atlanta, Cathelynn Tio, (Office of the Attorney General, Department of Law), Atlanta, for other party.

    Case Number: A22A0111

    Court finds that a health care facility required a new Certificate of Need to convert from a long-term to short-term acute care facility