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  • State v. Sapp

    Publication Date: 2023-07-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Christine Barker, (Christine Barker), Savannah, Daphne Totten, (Ogeechee Judicial Circuit District Attorney Ogeechee Judicial Circuit), Statesboro, for appellant.
    for defendant: Robert Phillips, (Phillips & Carson), Savannah, for appellee.
    Case Number: A23A0139

    Court grants a defendant's motion to dismiss the State's appeal of a trial court's order granting a motion in limine to exclude certain prior acts evidence

  • Lester v. The State

    Publication Date: 2023-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Jennifer Arndt, (Assistant Public Defender), Covington, for appellant.
    for defendant: Randal McGinley, Cherie Sebro, (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A23A0599

    Sex Offender Violated Registration Requirement By Failing to Provide New Sleeping Location After He Became Homeless

  • Mercy Housing Georgia III, L.P. a/b/a The Rose of Sharon Apartments et al. v. Kaapa

    Publication Date: 2023-06-20
    Practice Area: Wrongful Death
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Johnny Foster, Morton Forbes, Scot Pool, (Forbes, Foster & Pool), Savannah, for appellant.
    for defendant: Mark Adelman, (Mark Adelman, Attorney at Law, LLC), Savannah, Jed Manton, Madeline McNeeley, Andrew Conn, (Harris Lowry Manton LLP), Atlanta, for appellee.
    Case Number: A23A0462

    Court affirms summary judgment order in favor of wrongful death plaintiff where defendant's violation of a statute amounted to negligence per se

  • Lilienthal v. JLK, Inc. et al.

    Publication Date: 2023-06-14
    Practice Area: Employment Litigation | Insurance Law
    Industry: Education | Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Sergio Ardila-Ibarra, (Morgan & Morgan), Atlanta, for appellant.
    for defendant: M. McElroy, Robert Peery, (Swift Currie McGheee & Hiers), Atlanta, for appellee; Amy Urban, (Georgia State Board of Workers’ Compensation), Atlanta, for other party.
    Case Number: A23A0290

    Unresolved Issue as to Whether Employer Posted List of Insurer-Approved Workplace-Injury Physicians in Prominent Place

  • Tucker v. City of Thomasville

    Publication Date: 2023-06-13
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Michael Rafi, Christopher Stokes, (Rafi Law Firm, LLC), Atlanta, for appellant.
    for defendant: Matthew Lawrence, (Young, Thagard, Hoffman, Smith, Lawrence & Shenton), Valdosta, for appellee.
    Case Number: A23A0318

    Court reverses summary judgment for a City in a slip-and-fall negligence case where the City had actual or constructive prior notice of the defect that caused the fall

  • 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. Larscheid

    Publication Date: 2023-06-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Peter Johnson, Lenny Krick, Sherry Boston, (Chief Assistant District Attorney Dekalb County D A), Decatur, for appellant.
    for defendant: Lawrence LoRusso, (Lorusso Law Firm, PC), Atlanta, Brian Huckaby, (Oconee Judicial Circuit District Attorney), Eastman, for appellee.
    Case Number: A23A0309

    Court affirms dismissal of indictments against a patrol officer who used force to subdue an alleged perpetrator who had threatened bodily harm

  • Early v. Morgan Fleet Services, Inc.

    Publication Date: 2023-06-09
    Practice Area: Expert Witnesses
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, Samuel Starks, Shean Williams, (The Cochran Firm Atlanta), Atlanta, Andre’ Ramsay, Atlanta, for appellant.
    for defendant: George Welborn, (Downey, Cleveland, Parker & Williams), Marietta, for appellee.
    Case Number: A23A0148

    Court reverses summary judgment and rules that an expert's opinion is admissible in a negligence matter even though the opinion is not based on a hard scientific basis

  • Bryant v. Okafor

    Publication Date: 2023-05-31
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Benjamin Bengtson, (The Law Firm of Benjamin O. Bengtson), Atlanta, for appellant.
    for defendant: Jesse Broocker, (Attorney at Law), Atlanta, Paul Weathington, Elizabeth Linginfelter, (Weathington Smith), Atlanta, David Hanson, (The Hanson Firm LLC), Atlanta, for appellee; Sharonda Boyce, Devon Zawko, (Huff Powell and Bailey LLC), Atlanta, for other party.
    Case Number: A23A0041

    Court reverses order granting a motion to dismiss a plaintiff's medical malpractice complaint, finding that a nurse and nurse practitioner are members of the same profession

  • Salaam v. The State

    Publication Date: 2023-05-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: G. Stepp, (G. Richard Stepp, P.C.), Lawrenceville, for appellant.
    for defendant: Patsy Austin-Gatson, Clifford Kurlander, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A23A0091

    Court rejects defendant's challenge to sufficiency of evidence to support convictions for armed robbery and gang activity, but vacates one count due to merger error

  • Espinoza v. Morel et al.

    Publication Date: 2023-04-18
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Romero Pearson, (Pearson Law Group, LLC), Lawrenceville, for appellant.
    for defendant: David Olson, (Fain, Major and Brennan, LLP), Atlanta, for appellee.
    Case Number: A22A1653

    Court reverses summary judgment order that had been in favor of a dog's owners where party injured by the dog could show violation of a local restraint ordinance