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  • Duke Builders, Inc. v. Massey et al.

    Publication Date: 2019-08-23
    Practice Area: Contractual Disputes | Real Estate
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Anthony Powell, (Powell & Edwards), Lawrenceville, Wesley Ross, (Webb, Tanner & Powell), Lawrenceville, for appellant.
    for defendant: Matthew Benson, Gerald Davidson, Brian Easley, (Mahaffey Pickens Tucker, LLP), Lawrenceville, for appellee.
    Case Number: A19A0570

    Lien Deemed Excessive Could Be Reduced Rather Than Invalidate Entire Lien

  • Leanhart et al. v. Knox

    Publication Date: 2019-08-16
    Practice Area: Contractual Disputes | Trusts and Estates | Wrongful Death
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Micheal Easter, (The Weinstein Firm, LLC), Atlanta, for appellant.
    for defendant: Austin Perry, (McClure, Ramsay, Dickerson & Escoe), Toccoa, for appellee. James Purcell, Phillip Perry, (Fulcher Hagler, LLP), Augusta, for other party.
    Case Number: A19A0690

    Trial Court Had Authority to Apportion "High-Low" Agreement Settlement Proceeds Between Two Competing Claims

  • Rowles v. Rowles

    Publication Date: 2019-08-15
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Lisa West, (The West Firm), Atlanta, for appellant.
    for defendant: Michael Clark, (Andy Clark Law, LLC), Atlanta, for appellee. Donna-Marie Hayle, (Ney Hoffecker Peacock & Hayle), Atlanta, for other party.
    Case Number: A19A0467

    Child Custody Decision Could Not Be Set Aside For Fraud Where Complaining Parent Was Not Prevented From Asserting Defense Prior to Entry of Judgment

  • Hill vs. Board of Regents of the University System of Georgia et al.

    Publication Date: 2019-08-15
    Practice Area: Civil Procedure | Employment Compliance | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: John Brown, (Attorney at Law), Augusta, for appellant.
    for defendant: Annarita McGovern, (Owen, Gleaton, Egan, Jones & Sweeney, LLP), Atlanta, Richard Mitchell, Aaron Danzig, Richard Mitchell, Samuel Lyddan, (Arnall Golden Gregory LLP), Atlanta, Robert Threlkeld, Anthony Cestaro, (Morris Manning & Martin, LLP), Atlanta, for appellee. Sara Vann, (Office of the Attorney General, Medicaid Fraud Control Unit), Atlanta, Jeanette LeRay, (Hall Booth Smith, P.C.), Atlanta, for other party.
    Case Number: A19A0336

    Original Complaint Allegations Not Binding Following Amended Complaint That Did Not Incorporate Earlier Allegations

  • Duke Builders, Inc. v. Massey et al.

    Publication Date: 2019-08-14
    Practice Area: Contractual Disputes
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Anthony Powell, (Powell & Edwards), Lawrenceville, Wesley Ross, (Webb, Tanner & Powell), Lawrenceville, for appellant.
    for defendant: Matthew Benson, Gerald Davidson, Brian Easley, (Mahaffey Pickens Tucker, LLP), Lawrenceville, for appellee.
    Case Number: A19A0570

    Court Reverses Order That Invalidated Materialman's Lien on Basis That Lien Amount Exceeded Statutory Maximum, Holding That Superior Court Erred by Denying Lienholder Opportunity to Amend Amount to Comply with Statutory Limits

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  • Hill v. The State

    Publication Date: 2019-08-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Jordan Van Matre, (The Law Office of Jordan K. Van Matre, P.C.), McDonough, for appellant.
    for defendant: Darius Pattillo, Sharon Hopkins, (Henry County District Attorney's Office), McDonough, for appellee.
    Case Number: A19A0553

    Court Rejects Range of Challenges to Convictions of Defendants Who Were Apprehended While Carrying Methamphetamine in Their Trunk Based on Suspicion That Vehicle Smelled of Marijuana

  • Bartlett v. The State

    Publication Date: 2019-08-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Christopher Anulewicz, Michael Bowers, (Balch & Bingham LLP), Atlanta, Charles Cox, (Charles E. Cox, Jr., LLC), Macon, for appellant.
    for defendant: Karl Cooke, Shelley Milton, (District Attorney's Office, Macon Judicial Circuit), Macon, Michael Lambros, (The Lambros Firm, LLC), Atlanta, for appellee.
    Case Number: A19A0426

    Court Reverses Unlawful Gambling Convictions for Owner of Coin-Operated Games Where Charges for Unlawfully Operating a Legal Gambling Operation Were Available but State Aggressively Charged Defendant with Running an Illegal Gambling Operation

  • Sarat-Vasquez v. The State

    Publication Date: 2019-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Jenny Rose, Emily Evett, (Rose & Associates PC), Canton, for appellant.
    for defendant: Lee Darragh, Wanda Vance, (District Attorney, NEJC of GA), Gainesville, for appellee.
    Case Number: A19A0390

    Court Rejects Child Molester's Challenges to Conviction Based on Lack of Interpreter, Concluding That Defendant Waived the Right to Such an Interpreter

  • Boyd et al. v. Neal

    Publication Date: 2019-07-02
    Practice Area: Employment Litigation | Insurance Litigation
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Julie Jacobs, William Banks, Christopher Carr, Robin Leigh, (Office of the Attorney General), Atlanta, for appellant.
    for defendant: Jeffrey Berhold, Peter Lampros, (Attorney at Law), Atlanta, Allan Parks, (Parks, Chesin & Walbert, P.C.), Atlanta, for appellee.
    Case Number: A19A0227

    Court Affirms Order Granting Summary Judgment to Georgia Department of Community Health in Dispute with Teachers over Change in Healthcare Plan Benefits

  • Bryson v. The State

    Publication Date: 2019-06-25
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Richard Bryson, (Riverbend Correctional Facility), Milledgeville, for appellant.
    for defendant: Herbert Franklin, (District Attorney), Lafayette, for appellee.
    Case Number: A19A0342

    Court Agrees to Review Appeal of Sentence Brought Five Years After Conviction, Affirming the Judgment of Conviction but Vacating for Resentencing to Move Greater Portion of Sentence to Probation