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  • Wilkes 581 Farms, LLC v. McAvoy

    Publication Date: 2020-10-21
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: M Eberhardt, (Eberhardt & Hale, LLP), Athens, for appellant.
    for defendant: Charles LeGette, (Attorney at Law), Washington, for appellee.
    Case Number: A20A1225

    Court reverse trial court ruling and determines that no prescriptive easement had been established over a landowner's property

  • Cooke v. The State

    Publication Date: 2020-10-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Terry Taylor, (Attorney at Law), Evans, for appellant.
    for defendant: Joshua Smith, Natalie Paine, Henry Syms, (Office of the District Attorney), Augusta, for appellee.
    Case Number: A20A1428

    Evidence of Prior Incident Between Defendant and Robbery/Assault Victim Was Admissible as Similar Transaction Evidence

  • Riley v. The State

    Publication Date: 2020-10-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Richard Merritt, (Campbell Knoll LLC), Marietta, for appellant.
    for defendant: Paul Howard, Burke Doherty, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A20A1446

    Trial Court Did Not Err in Sua Sponte Granting New Trial

  • Havenbrook Homes, LLC et al. v. Infinity Real Estate Investments, Inc. et al.

    Publication Date: 2020-09-28
    Practice Area: Contractual Disputes | Real Estate
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Alan Ness, Peachtree Corners, for appellant.
    for defendant: Stephen Snow, Carrie Moss, (Bendin Sumarall & Ladner, LLC), Atlanta, Jeffrey Brown, (Brown & Adams, LLC), Columbus, Stephen Dermer, (Dermer Appel Ruder, LLC), Peachtree Corners, for appellee. TMC Services, LLC c/o Terry Clayton, Covington, for other party.
    Case Number: A20A1057

    Property Owner Not Third Party Beneficiary of Construction Contract Between Property Manager and Contractor

  • Allen v. ABM Aviation, Inc.

    Publication Date: 2020-08-25
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Keith Foster, (The Foster Firm LLC), Atlanta, Ralph Goldberg, (Goldberg & Cuvillier, P.C.), Tucker, for appellant.
    for defendant: Yamisi James, Roger Harris, (Swift, Currie McGhee & Hiers, LLP), Atlanta, for appellee. Angela Tartline, (Bovis Kyle Burch & Medlin LLC), Atlanta, Grant Tall, (Bader Law Firm LLC), Atlanta, for other party.
    Case Number: A20A0903

    Court affirms summary judgment for defendant in a slip and fall case where all evidence pointed to plaintiff's equal knowledge of the hazard

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • City of Rincon et al. v. Ernest Communities, LLC

    Publication Date: 2020-08-13
    Practice Area: Civil Procedure | Land Use and Planning
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: John Dickey, (Attorney at Law), Rincon, Patrick O'Connor, Benjamin Perkins, (Oliver Maner LLP), Savannah, for appellant.
    for defendant: David Johnson, Phillip McCorkle, (McCorkle & Johnson LLP), Savannah, for appellee.
    Case Number: A20A0765

    Trial Court Must Consider Application of Zoning Procedures Law to Declaratory Judgment Claims Against City, Which Were Not Barred by Sovereign Immunity

  • Wimpy v. Martin

    Publication Date: 2020-08-11
    Practice Area: Attorney Compensation | Contractual Disputes
    Industry: Construction | Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Rustin Smith, (Smith Hulsey Law), Gainesville, Jon David Huffman, (Poole Huffman, LLC), Tucker, Scott Mcmahan, (Poole Huffman, LLC), Decatur, for appellant.
    for defendant: Ernest Woods, (Oliver & Weidner, LLC), Clarkesville, for appellee.
    Case Number: A20A0560

    Partner Breached Fiduciary Duty By Refusing to Share Partnership's Profits

  • Wilson v. Wernowsky et al.

    Publication Date: 2020-07-30
    Practice Area: Attorney Compensation | Damages | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: James Penland, (Attorney at Law), Atlanta, for appellant.
    for defendant: Dana Richens, Edward Wasmuth, (Smith, Gambrell & Russell, LLP), Atlanta, for appellee.
    Case Number: A20A0641

    Widow Presented Sufficient Evidence to Go to Jury in Support of Her Successor-in-Interest Liability Claim Against Late Husband's Business Partner

  • King Petro, Inc. et al. v. Ultra Group of Companies, Inc.

    Publication Date: 2020-07-17
    Practice Area: Civil Appeals | Contractual Disputes
    Industry: Distribution and Wholesale
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Mark Spix, (Attorney at Law), Atlanta, for appellant.
    for defendant: Paul Oliver, (Wimberly Lawson Steckel Schneider & Stine, P.C.), Atlanta, for appellee. Julie Silverstein Barker, (Georgia Lottery Corporation), Atlanta, for other party.
    Case Number: A20A0480

    Court reverses order that denied a vendor's motion to dismiss where a petitioner failed to properly serve and obtain an answer to a petition for a writ of certiorari

  • Spirnak v. Meadows

    Publication Date: 2020-07-08
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Beverly Cohen, (Attorney at Law), Roswell, for appellant.
    for defendant: Kathryn Meadows, Ruskin, for appellee.
    Case Number: A20A0158

    Court affirms denial of claimant's petition to modify a child custody and visitation order but remands for reconsideration of certain payment and fee awards