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  • Cynthia S. Barry v. Thomas S. Barry, III et al.

    Publication Date: 2020-12-11
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: James Blitch, (Blitch Law, PC), Atlanta, Edward Tolley, (Attorney at Law), Athens, Devin Smith, Edward Tolley, (Cook & Tolley LLP), Athens, for appellant.
    for defendant: Eddy Corn, (E A Corn, LLC), Hiawassee, James Tittle, (Attorney at Law), West Palm Beach, Daniel Duello, (Law Office of Daniel R. Duello), Blairsville, William Mercer, (William K. Mercer Jr PC), Blairsville, for appellee.
    Case Number: A20A0839

    Court affirms ruling that an heir forfeited her beneficial interests in a will and trust pursuant to in terrorem clauses as a result of her bad faith efforts to prevent probate

  • Bully v. State

    Publication Date: 2020-12-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Clifford Kurlander, (Georgia Public Defender Council - Appellate Division), Atlanta, for appellant.
    for defendant: Benjamin Kenemer, Herbert Poston, (Assistant District Attorney), Dalton, for appellee.
    Case Number: A20A0882

    Court reverses convictions for sexual assault on probationers but affirms other convictions for rape and assault over defendant's multiple challenges

  • The State v. Awad

    Publication Date: 2020-12-01
    Practice Area: Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Patrician Burton, Christopher Carr, Paula Smith, (Assistant Attorney General), Atlanta, Herbert Poston, (District Attorney), Dalton, Mark Higgins, (Conasauga Judicial Circuit D.A.s Office), Dalton, for appellant.
    for defendant: D. Sessions, (The Sessions Law Firm, LLC), Atlanta, for appellee.
    Case Number: A20A1490

    Trial Court Erred in Granting DUI Defendant's Motion to Suppress Evidence That He Refused to Submit to a Urine Test Under Implied Consent Law

  • Quattrocchi et al. v. State of Georgia

    Publication Date: 2020-11-30
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: John Christy, Jonathan Akins, (Schreeder Wheeler & Flint, LLP), Atlanta, Russell King, Collin Hatcher, Russell King, Collin Hatcher, (King Yaklin & Wilkins LLP), Marietta, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Anne Infinger, (Department of Law / Consumer Protection), Atlanta, Jacquelyn Kneidel, Andrew Chesser, (State of Georgia Attorney General’s Office), Atlanta, for appellee. Thomas Bray, Acworth, Gregory Ellis, (Lamberth Cifelli Ellis & Nason PA), Atlanta, for other party.
    Case Number: A20A1127

    Trial Court Did Not Err in Striking Appellants' Answer in Unfair Trade Practices Case After Finding Them in Default as to Third Amended Complaint

  • Scott v. The State

    Publication Date: 2020-11-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Debra Jefferson, (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Daniel Porter, Samuel d'Entremont, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A20A1327

    Error in Admitting Other Acts Evidence to Prove Identity was Harmless

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    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri

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  • Wadley et al. v. Mother Murphy's Laboratories, Inc. et al.

    Publication Date: 2020-11-23
    Practice Area: Evidence | Personal Injury
    Industry: Chemicals and Materials | Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: John Steel, (Steel and Moss, LLP), Atlanta, Kenneth McClain, Steven Crick, Scott Britton-Mehlisch, Steven Crick, Scott Britton-Mehlisch, (Humphrey, Farrington & McClain, P.C.), Independence, for appellant.
    for defendant: Judy Aust, (Goodman McGuffey, LLP), Atlanta, Eric Hawkins, Ollie, Robert Gilbreath, (Hawkins Parnell & Young, LLP), DALLAS, Camille Smith, (Callahan & Fusco LLC), Decatur, William Martin, (Drew Eckl & Farnham, LLP), Atlanta, John Lowery, (Mozley, Finlayson & Loggins, LLP), Atlanta, Julie Comer, (Owen Gleaton Egan Jones & Sweeney LLP), Atlanta, for appellee. Steven DeFrank, Melissa Kahren, Stephen Schatz, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, J. Konold, Jason Meyer, (Gordon & Rees LLP), Los Angeles, for other party.
    Case Number: A20A0899

    Trial Court Abused Discretion in Ruling That Expert's Testimony Regarding Toxic Exposure Was Too Speculative

  • Clay v. Douglasville-Douglas County Water and Sewer Authority et al.

    Publication Date: 2020-11-18
    Practice Area: Civil Appeals | Land Use and Planning
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Robert Clay, Douglasville, for appellant.
    for defendant: Timothy Buckley, Kelly Christopher, (Buckley Christopher & Haff, P.C.), Atlanta, for appellee. Laurel Henderson, (The Balch Law Group), Atlanta, for other party.
    Case Number: A20A1320

    Court dismisses appellant's direct appeal because it lacked jurisdiction, as appellant was required to file an application for a discretionary appeal in the matter

  • Barnes et al. v. Bearden et al.

    Publication Date: 2020-11-18
    Practice Area: Education Law | Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Craig Goodmark, (GLF), Decatur, Gerald Weber, (Law Offiecs of Gerry Weber, LLC), Atlanta, Philip Hostak, (National Education Association), Washington, for appellant.
    for defendant: Brian Smith, Phillip Hartley, (Attorney at Law), Gainesville, Ross Bergethon, Josiah Heidt, Christopher Carr, Annette Cowart, Russell Willard, Susan Haynes, Andrew Pinson, (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A20A1041

    Court rules that a former teacher's request for an injunction and reinstatement were not barred by official immunity and that her complaint did not fail to state a claim

  • Ware et al. v. Jackson et al.

    Publication Date: 2020-11-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Ashleigh Merchant, John Merchant, (The Merchant Law Firm, PC), Marietta, for appellant.
    for defendant: Ashley Palmer, (Office of the Fulton County Attorney), Atlanta, for appellee. Dorian Murry, (The Murry Law Group), Stone Mountain, for other party.
    Case Number: A20A1413

    Sheriff's Office Employee Who Failed to Update Inmate Records Is Not Protected by Qualified Immunity, But Is Also Not Liable for Negligence After Inmate Was Murdered by Cellmate

  • Lofland v. The State

    Publication Date: 2020-11-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Jessica Towne, (Clark & Towne, P.C.), Lawrenceville, for appellant.
    for defendant: Penny Penn, Michael Mahoney, (Office of the District Attorney, Bell-Forsyth Judicial Circuit), Cumming, for appellee.
    Case Number: A20A0913

    Court affirms aggravated assault (family violence) conviction over defendant's contentions of trial court evidentiary error and faulty jury instruction.