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  • Gervin et al. v. The Retail Property Trust

    Publication Date: 2020-03-31
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Yinka Omole, (Attorney at Law), Atlanta, for appellant.
    for defendant: Ronald Masterson, Victoria Waller, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellee.
    Case Number: A19A2234

    Premises Liability Plaintiffs' Claims Are Barred by Prior Traversal Doctrine; Plaintiff Injured by Revolving Glass Door Successfully Used it Twice Before on the Same Day

  • BCM Construction Group, LLC v. Williams et al.

    Publication Date: 2020-03-25
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Howard Slomka, (Slipakoff & Slomka PC), Atlanta, for appellant.
    for defendant: Douglas Warner, (Warner, Hooper & Ramsey), Peachtree City, for appellee.
    Case Number: A19A1943

    Factual Questions Presented as to Whether Party's Conduct Waived Strict Compliance With Contractual Closing Date

  • Chatham, et al. v. Gardner Excavating, Inc., et al.

    Publication Date: 2020-03-20
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Hylton Dupree, Jeffrey Reilly, (Dupree & Kimbrough, LLP), Marietta, for appellant.
    for defendant: Paul Fields, Crighton Allen, (Fields Howell Athans & McLaughlin, LLP), Atlanta, for appellee.
    Case Number: A19A1864

    Trial court's striking of responsive pleadings was an appropriate sanction for appellant's willful contempt of trial court's payment orders.

  • Hambrick v. The State

    Publication Date: 2020-02-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Cara Clark, (GPDC Appellate Division), Atlanta, for appellant.
    for defendant: Paul Howard, Kevin Armstrong, (Office of the District Attorney), Atlanta, for appellee.
    Case Number: A19A2455

    Court affirms defendant's rape, child molestation, and other convictions over his multiple contentions of error and ineffective assistance of counsel.

  • Wilbur et al. v. Floyd

    Publication Date: 2020-02-25
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: John Hadden, (The Hadden Law Firm, LLC), Atlanta, F. Moffett, (Moffett Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Jerry Landers, (Attorney at Law), Marietta, for appellee.
    Case Number: A19A2321

    Court reverses summary order on probating a will and remands case for proceedings on whether a will was properly attested

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    Texas Legal Malpractice & Lawyer Discipline 2024

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • Miller v. The State

    Publication Date: 2020-02-25
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Benjamin Pearlman, (Office of the Public Defender Western Judicial Circuit), Athens, for appellant.
    for defendant: William Britt, (Office of the District Attorney - Western Judicial Circuit), Athens, Kenneth Mauldin, (District Attorney), Athens, for appellee.
    Case Number: A19A2229

    Court vacates defendant's sentence and remands case for resentencing because his prior nolo contendere conviction does not count for recidivist sentencing

  • Board of Trustees of Georgia Military College v. O'Donnell

    Publication Date: 2019-12-10
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Robert Bunner, Christopher Carr, Kathleen Pacious, Loretta Pinkston-Pope, (Assistant Attorney General), Atlanta, for appellant.
    for defendant: Caleb Walker, (Katherine L. McArthur, LLC), Macon, Katherine McArthur, Jessica Edmonds, (McArthur Law Firm), Macon, for appellee.
    Case Number: A19A1312

    State military college had sovereign immunity to tort claims brought by a student under the discretionary function exception to waiver of immunity

  • Sosa v. The State

    Publication Date: 2019-12-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Cristobal Lara Sosa, Pelham, for appellant.
    for defendant: Elizabeth Baker, John Fowler, (Clayton County District Attorney's Office), Jonesboro, Tasha Mosley, Tracy Lawson, (District Attorney), Jonesboro, Charles Brooks, (Office of the Solicitor General of Clayton County), Jonesboro, for appellee.
    Case Number: A19A1149

    Court vacates order denying defendant's motion for an out-of-time appeal because trial court did not conduct an inquiry into claims of ineffective assistance of counsel

  • Davis et al. v. John Crane, Inc.

    Publication Date: 2019-12-09
    Practice Area: Products Liability
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Robert Buck, (Buck Law Firm), Peachtree Corners, for appellant.
    for defendant: Ollie Harton, Catherine McCormack, Jenna Fowler, (Hawkins Parnell & Young, LLP), Atlanta, Robert Gilbreath, (Hawkins Parnell & Young, LLP), Dallas, for appellee. Thomas Soderberg, (Attorney at Law), Atlanta, Shubhra Mashelkar, George Green, (Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC), Atlanta, Stephen Collier, Nicholas Fox, (Hawkins, Parnell, Thackston & Young), Atlanta, Uchenna Ekuma-Nkama, (Dentons US LLP), Atlanta, Jibran Shermohammed, (Orange Barrel Media), Atlanta, Elizabeth J. Lewis, (Butler Snow LLP), Atlanta, James Hollis, (Balch & Bingham LLP), Atlanta, Ivan Gustafson, Lucille Andres, (Evert Weathersby Houff), Atlanta, for other party.
    Case Number: A19A1137

    Court reverses grant of summary judgment in favor of company that supplied asbestos parts, but affirms for equipment manufacturer that did not use asbestos

  • City of Alpharetta v. Hamby et al.

    Publication Date: 2019-12-04
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Sara Brochstein, Dana Maine, (Freeman Mathis & Gary, LLP), Atlanta, for appellant.
    for defendant: Dennis Cathey, Rebecca Payne, (Cathey & Strain, LLC), Cornelia, Thomas Dowdy, (Attorney at Law), Cornelia, for appellee.
    Case Number: A19A0856

    Court reversed personal injury verdict and rules in favor of a City over an injured party