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  • In the Interest of C. E. Jr., a Child

    Publication Date: 2023-03-07
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Jennifer Wittich, (The Law Office of Jennifer Wittich), Pooler, for appellant.
    for defendant: Leo Beckmann, Wendy Furey, (Beckmann & Furey, LLP), Savannah, Christopher Carr, Shalen Nelson, Mark Cicero, (Attorney General), Atlanta, for appellee; Charles Loncon, (C. V. Loncon, PC), Savannah, Evan Miller, Savannah, for other party.
    Case Number: A22A1237

    Court affirms finding of dependency of a minor child over his mother's objections to evidence and procedures in juvenile court

  • ABM Aviation v. Prince

    Publication Date: 2023-03-06
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Yamisi James, Roger Harris, (Swift, Currie McGhee & Hiers, LLP), Atlanta, for appellant.
    for defendant: Rachel Deloach-Bukle, (Monge & Associates), Atlanta, for appellee.
    Case Number: A22A1566

    Court affirms denial of summary judgment on a respondeat superior claim as to an employer's liability but reverses as to denial of judgment on direct negligence claims

  • Ewing et al. v. Scott

    Publication Date: 2023-02-21
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Paul Andrew, (Andrew, Merritt, Reilly & Smith), Lawrenceville, for appellant.
    for defendant: Kevin Moore, (Attorney at Law), Atlanta, for appellee.
    Case Number: A22A1382

    In a declaratory judgment action regarding a trust, the court affirmed the denial of equitable relief, vacated a denial of fees, and reversed on an issue of who is a beneficiary

  • Pittman v. The State

    Publication Date: 2023-01-31
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: D. Sessions, (The Sessions Law Firm, LLC), Atlanta, Samuel Sliger, (McDonald & Cody, LLC), Cornelia, for appellant.
    for defendant: James Smith, (District Attorney), Jefferson, Hannah Hensley, (District Attorney’s Office, Piedmont Judicial Circuit), Homer, for appellee.
    Case Number: A22A1247

    Court affirms that a trial court can impose a more severe sentence on resentencing when an original sentence is null and void, but must do so in open court.

  • Daggy v. Daggy

    Publication Date: 2023-01-19
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Crystal Wright, (Crystal Wright Law, LLC), Atlanta, for appellant.
    for defendant: Emily Carr, (The Carr Law Group), Clevland, William King, (The Manely Firm, P.C.), Marietta, Renee' Richardson, Loganville, for appellee.
    Case Number: A22A1305

    In a divorce case, court reverses child custody order that exceeded a petitioner's request and vacates and remands a fee award for findings of facts and a legal basis

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    Georgia Construction Law Handbook 2024

    Authors: T. BART GARY, JAKE CARROLL

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  • City of Winder v. Barrow County

    Publication Date: 2022-11-28
    Practice Area: Public Utilities | Regulation
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Grant McBride, Andrew Welch, (Smith, Welch, Webb & White), McDonough, John Stell, (Stell, Smith & Mattison, P.C.), Winder, Brandon Palmer, (Smith, Welch, Webb & White), Peachtree City, for appellant.
    for defendant: Angela Davis, Gregory Meyer, (Jarrard & Davis, LLP), Cumming, for appellee; Ernest Bennett (Carothers & Mitchell, LLC), Buford, Kenneth Lewis, (Lewis & Murphy, LLP), Winder, Walter Elliott, (Elliott, Blackburn & Gooding, P.C.), Valdosta, Jody Campbell, (Blum & Campbell, LLC), Peachtree Corners, Gregory Jay, (Chandler, Britt & Jay, LLC), Buford, Robert Wilson, (Robert Jackson Wilson, PC), Lawrenceville, for other party; Rusi Patel, (Georgia Municipal Association, Inc.), Atlanta, Larry Ramsey, (ACCG), Atlanta, G. Scheuer, (Assistant General Counsel), Atlanta, Keith Blackwell, (Alston & Bird LLP), Atlanta, for AM.
    Case Number: A22A0834

    Court affirms several orders in favor of County and against City in a dispute over collection of funds for road maintenance and water utility services

  • Northside Hospital, Inc. v. Northeast Georgia Medical Center, Inc. et al.

    Publication Date: 2022-11-25
    Practice Area: Regulation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Robert Rozier, Charlotte Combre, Sanford Moore, (Baker & Hostetler LLP), Atlanta, Roger Hatcher, Matthew Smith, (Smith, Gilliam, Williams & Miles, P.A.), Gainesville, Robert Highsmith, (Highsmith V. Highsmith), Baxley, Robert Highsmith, (Holland & Knight LLP), Atlanta, Dorothy Cornwell, (Smith Moore Leatherwood, LLP), Atlanta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellant.
    for defendant: Armando Basarrate, David Darden, Jameson Bilsborrow, (Parker, Hudson, Rainer & Dobbs LLP), Atlanta, Thomas Cole, (Welchel, Dunlap, Jarrard & Walker, LLP), Gainesville, for appellee; Christopher Carr, Margaret Eckrote, Charles Thimmesch, (Office of the Attorney General), Atlanta, Stacey Hillock, Daniel Walsh, (Department of Law, State of Georgia), Atlanta, for other party.
    Case Number: A22A1081

    Court reverses one superior court's denial of Certificate of Need for a radiation therapy center and affirms a second court's approval of it

  • Tara Bridge Apartments, LP et al. v. Benson

    Publication Date: 2022-11-03
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Barbara Marschalk, Lisa Richardson, (Drew Eckl & Farnham, LLP), Atlanta, Matthew Barr, (Hawkins Parnell Thackston & Young LLP), Atlanta, for appellant.
    for defendant: Eugene Felton, Quinton Seay, (Seay Felton, LLC), Atlanta, for appellee.
    Case Number: A22A0744

    Court reverses denial of a landlord's summary judgment motion against a tenant's premises liability claims relating to a sexual assault that occurred in her apartment

  • Anderson v. Jones

    Publication Date: 2022-10-26
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Britton White, G. White, (Brennan, Harris & Rominger LLP), Savannah, for appellant.
    for defendant: Patricia B. Justin Jones, (Justin T. Jones, PC), Savannah, for appellee.
    Case Number: A22A0812

    Court reverses denial of a motion to enforce a settlement agreement in an auto accident case, finding that the plaintiff's acceptance requirements were improper

  • Atlanta Partners Realty, LLC et al. v. Wohlgemuth

    Publication Date: 2022-10-19
    Practice Area: Contractual Disputes | Real Estate
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Leigh Wilco, (Weissman PC), Atlanta, for appellant.
    for defendant: Gary Hooper, (Hooper Law Partners, LLC), Atlanta, Andrea Martin, (Andrea E. Martin Law, LLC), Atlanta, for appellee; Kristin Hall, (The Law office of Sharon Chester Barnes), Atlanta, for other party.
    Case Number: A22A0634

    Real Estate Buyer Failed to Show Due Diligence in Inspecting Property For Structural Defects Prior to Purchase