• Harvard et al. v. John D. Archbold Memorial Hospital, Inc. et al.

    Publication Date: 2022-09-22
    Practice Area: Health Care Law | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Christopher Rodd, (The Rodd Firm LLC), Thomasville, for appellant.
    for defendant: Charles Watt, Alphonso Howell, Gregory Talley, (Coleman Talley LLP), Valdosta, Carlton Joyce, Lucas Bradley, Gregroy Finch, (Bouhan Falligant LLP), Savannah, for appellee; James Thagard, (Young, Thagard, Hoffman, Scott & Smith), Valdosta, Paul Weathington, (Weathington Smith), Atlanta, Lindsay Forlines, (Forlines Law LLC), Atlanta, for other party.

    Case Number: A22A0960

    Medical Malpractice Plaintiff Failed to Show Wife's Death Was Caused by Delay in Treatment

  • Flakes v. The State

    Publication Date: 2022-09-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Cara Clark, (Dwayne C. Singleton, LLC), Griffin, for appellant.
    for defendant: Tasha Mosley, Kelsey Miller, (Clayton County District Attorney’s Office), Jonesboro, for appellee.

    Case Number: A22A1133

    Court affirms convictions for cruelty to children and criminal damage to property over defendant's assertions of insufficient evidence to support his convictions

  • The State v. Anderson

    Publication Date: 2022-09-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Patsy Austin-Gatson, Clifford Kurlander, Nam Nguyen, (Gwinnett County District Attorney’s Office), Lawrenceville, for appellant.
    for defendant: Stuart Mones, (Attorney at Law), Atlanta, for appellee.

    Case Number: A22A0731

    Court vacates trial court's exclusion of other acts evidence and remands for proper application of Rule 403 balancing test and analysis of other potential uses of evidence

  • The State v. Langley

    Publication Date: 2022-08-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: John Cranford, Christine Caldwell, (Coweta County District Attorney's Office), Newnan, for appellant.
    for defendant: Brandon Bullard, (The Bullard Firm, LLC), Atlanta, Jared Craig, (Jared B. Craig, Attorney at Law, LLC), Newnan, for appellee.

    Case Number: A20A1806

    Court vacates its original order and affirms validity of a probated sentence for firearm possession by a felon

  • Arco Design/Build, LLC v. Savannah Green I Owner, LLC

    Publication Date: 2022-07-14
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Michael Rust, David Sawyer, (Gray, Rust, St. Amand, Moffett & Brieske, L.L.P.), Atlanta, for appellant.
    for defendant: Kevin Hudson, Zachary Hall, (Hudson Parrott Walker, LLC), Atlanta, for appellee.

    Case Number: A22A0056

    Court affirms order finding that the tolling provisions of the State's 2020 Emergency Judicial Orders did not extend the deadline for filing an affidavit of lien waiver

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  • U. S. Bank, National Association as Trustee of the Cabana Series IV Trust v. Carrington Mortgage Services, LLC

    Publication Date: 2022-07-01
    Practice Area: Creditors' and Debtors' Rights
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: James Blum, (Blum & Campbell, LLC), Peachtree Corners, for appellant.
    for defendant: Monica Gilroy, Matthew Totten, (The Gilroy Firm), Atlanta, for appellee.

    Case Number: A22A0035

    Court vacates summary judgment for a lender in a lien priority dispute, finding no basis for the trial court's award of equitable relief of reformation and specific performance

  • Smith et al. v. Millsap et al.

    Publication Date: 2022-06-29
    Practice Area: Attorney Compensation | Civil Appeals
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Halsey Knapp, (Krevolin Horst, Inc.), Atlanta, Kathryn Whitlock, (Hawkins Parnell Thackston & Young LLP), Atlanta, Stephen Rothring, Charles Foster, (Hawkins Parnell & Young, LLP), Atlanta, for appellant.
    for defendant: Thomas Tate, Robert Thomas, Tyler Dillard, Jaletta Smith, (Andersen Tate & Carr, P.C.), Duluth, for appellee; Jason Beach, Eric Taylor, Laura Wagner, (Hunton Andrews Kurth LLP), Atlanta, Joshua Kalb, (Barnes & Thornburg, LLP), Atlanta, Gerald Davidson, (Mahaffey Pickens Tucker, LLP), Lawrenceville, for other party.

    Case Number: A22A0429

    Trial Court Order Cancelling Attorney's Lien Prior to Final Judgment Was Not Immediately Appealable

  • Cardinale v. State of Georgia

    Publication Date: 2022-06-14
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Matthew Cardinale, (Matthew Charles Esq. Inc.), Atlanta, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, Paula Smith, (Attorney General), Atlanta, Lyndsey Rudder, (Office of the Fulton County District Attorney), Atlanta, Brooke Heinz Chaplain, (Georgia Law Department), Atlanta, for appellee.

    Case Number: A22A0287

    Court affirms trial court order that dismissed as moot a plaintiff's free speech challenge to the State's shelter-at-home order

  • The State v. Wooten

    Publication Date: 2022-06-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: James Smith, Hannah Herring, (Jackson County District Attorney's Office), Jefferson, for appellant.
    for defendant: William Olson, (The Olson Law Office LLC), Athens, for appellee.

    Case Number: A22A0562

    Photo Lineup Identification of Alleged Perpetrator Was Not Impermissibly Suggestive and Unreliable

  • Emerman v. Hetherington

    Publication Date: 2022-05-13
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Stephen Andrews, John Killeen, (Bodker, Ramsey, Andrews, Winograd & Wildstein, P.), Atlanta, for appellant.
    for defendant: Asha Heyward-James, (Waggoner Hasting LLC), Alpharetta, for appellee.

    Case Number: A22A0615

    Divorce Complainant Was Wrongfully Denied Opportunity to Present Evidence as to Claim of Residency