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  • Doxey v. Crissey, et al.

    Publication Date: 2020-08-04
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Hylton Dupree, Blake Carl, (Dupree & Kimbrough, LLP), Marietta, for appellant.
    for defendant: Robert Beard, (Attorney at Law), Marietta, Richard Calhoun, (Gregory, Doyle, Calhoun & Rogers, LLC), Marietta, for appellee.
    Case Number: A20A0443

    Court vacates injunction that precluded a landowner from blocking a bridle trail easement and remands for consideration of the impact of trail's use on the landowner

  • The State v. Adams

    Publication Date: 2020-08-04
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Kenneth Mauldin, (District Attorney), Athens, Malachi Peacock, (Western Judicial Circuit District Attorney's Office), Athens, for appellant.
    for defendant: Kelly Wegel, (Western Circuit Public Defender), Athens, for appellee.
    Case Number: A20A0050

    Court reverses order granting defendant's plea in bar because dismissal of federal charges was not an acquittal for purposes of Georgia's successive prosecution statute

  • Womack v. The State

    Publication Date: 2020-07-31
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Mary Horton, (Lister & Holt), McDonough, for appellant.
    for defendant: Darius Pattillo, (District Attorney), McDonough, Michael Bodiford, (Attorney at Law), Stockbridge, for appellee.
    Case Number: A20A0759

    Court Reverses Trial Court's Denial of Drug Defendant's Motion to Suppress Evidence Found During Search and Seizure That Led to His Arrest

  • Denney et al. v. Crenshaw

    Publication Date: 2020-07-22
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: David Tuszynski, (Attorney at Law), Atlanta, for appellant.
    for defendant: Sun Choy, Sara Brochstein, (Freeman Mathis Gary, LLP), Atlanta, for appellee.
    Case Number: A20A0212

    Court reverses dismissal of a case for want of prosecution where a party's counsel failed to appear for oral arguments on a motion to reconsider a denial of a motion for summary judgment

  • Gai Spann v. Rashida Davis et al.

    Publication Date: 2020-07-22
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Cary Wiggins, (Wiggins Law Group), Atlanta, for appellant.
    for defendant: Rita Cherry, Sarah Rasalam, Marlon Bull, (City of Atlanta Law Department), Atlanta, for appellee.
    Case Number: A20A0202

    Court affirms dismissal of lawsuit against court clerks who were entitled to quasi-judicial immunity from tort claims

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Howell v. Lochwolde Homeowners Association, Inc.

    Publication Date: 2020-07-21
    Practice Area: Real Estate
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Paul Andrew, (Andrew, Merritt, Reilly & Smith), Lawrenceville, for appellant.
    for defendant: Jody Campbell, (Blum & Campbell, LLC), Peachtree Corners, for appellee.
    Case Number: A20A0608

    C Ruling Upholding Enforceability of Restrictive Building Covenants Not Supported by Factual Findings

  • JPMorgan Chase Bank, N.A. v. Cronan

    Publication Date: 2020-07-20
    Practice Area: Banking and Finance Laws | Contractual Disputes
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Monica Gilroy, Matthew Totten, (The Gilroy Firm), Alpharetta, for appellant.
    for defendant: Stephen Michmerhuizen, Warren Coppedge, (Coppedge & Associates, P.C.), Dalton, for appellee. T Mashburn, (Aldridge Pite LLP), Atlanta, for AM.
    Case Number: A20A0378

    Triable Issue of Fact as to Whether Confusion Regarding Loan Collateral Was Result of Mutual Mistake

  • Owensby v. Williams

    Publication Date: 2020-06-23
    Practice Area: Evidence | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Norman Sawyer, (Litner + Deganian), Atlanta, Douglas Chanco, (Chanco Schiffer Law, LLC), Atlanta, for appellant.
    for defendant: Joshua Ruplin, (Downey & Cleveland, LLP), Marietta, Russell Waldon, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for appellee.
    Case Number: A20A0652

    Portions of Medical Narrative on Personal Injury Plaintiff's Condition and Prognosis Ruled Inadmissible as Too Vague and Speculative Were, in Fact, Admissible; Case Remanded

  • CL SNF, LLC et al. v. Fountain

    Publication Date: 2020-06-23
    Practice Area: Dispute Resolution | Health Care Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Karen Smiley, (Hanks Brookes LLC), Atlanta, Kevin Quirk, Kellie Holt, (Quirk & Quirk LLC), Atlanta, for appellant.
    for defendant: Gretchen Wagner, Katherine Hughes, (Wagner Hughes, LLC), Atlanta, Jennifer Peterson, Michael Terry, (Bondurant Mixson & Elmore LLP), Atlanta, Bethany Schneider, (Attorney at Law), Atlanta, for appellee.
    Case Number: A20A0773

    Arbitration Agreement Signed by Guardian on Behalf of Mentally Capacitated Nephew Was Unconscionable; Guardian Did Not Have Authority to Sign Agreement on Behalf of Nephew, Who Had Been Admitted to Mental Health Facility

  • McClure v. The State

    Publication Date: 2020-06-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Cara Clark, (GPDC Appellate Division), Atlanta, for appellant.
    for defendant: Benjamin Coker, (District Attorney), Thomaston, Marie Broder, (Spalding County District Attorney's Office), Griffin, Kimberly Schwartz, (Assistant District Attorney - Chattahoochee Judicial Circuit), Columbus, Elizabeth Kendrick, (Griffin Circuit Superior Court), Fayetteville, for appellee.
    Case Number: A18A0324

    Court reverses convictions for aggravated assault because trial court erred in failing to give jury instruction in justification in defense of self