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  • Garcia-Diaz v. Women's Specialists of North Georgia, Inc.

    Publication Date: 2023-05-09
    Practice Area: Civil Appeals
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Dane Steffenson, (Dane Law, LLC), Atlanta, for appellant.
    for defendant: Richard Sanders, Jeffrey Mustari, Chase Babineaux, Stephen Shows, (Southern Health Lawyers, LLC (a Sanders & Mustari Law Firm)), Atlanta, for appellee.
    Case Number: A23A0224

    Court reverses order denying a motion to correct an error, which denial resulted in plaintiff's not receiving timely notice to file an appeal to dismissal of her lawsuit

  • The Bondsman, Inc. et al. v. Keybo Taylor, Sheriff of Gwinnett County

    Publication Date: 2023-04-04
    Practice Area: Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Michael Bowers, Jeremy Akin, Lucas Boggs, (Johnson Marlowe LLP), Athens, for appellant.
    for defendant: Sun Choy, Jacob Daly, (Freeman, Mathis & Gary, LLP), Atlanta, Robert Marcovitch, (Sinton Scott Minock & Kerew), Atlanta, Tuwanda Williams, (Gwinnett County Law Dept.), Lawrenceville, Preston Ehlers, Atlanta, for appellee; Kellye Moore, (Attorney at Law), Perry, for other party.
    Case Number: A22A1370

    Court vacates summary judgment order and remands for determination of whether a bondsperson did not meet financial obligations required for renewal of a license.

  • In the Interest of N. E. K., a child.

    Publication Date: 2023-03-27
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Carlton Nelson, (Attorney at Law), Dublin, for appellant.
    for defendant: Christopher Carr, Shalen Nelson, (Attorney General), Atlanta, Jennifer McComas, (Jennifer T. McComas, P.C.), Vidalia, Emily Harris, (Department of Law), Atlanta, for appellee.
    Case Number: A22A1471

    Court reverses termination of parental rights of both a father and a mother as to their child because the record showed no intent to abandon, or specific harm to the child

  • Zeh et al. v. Maso et al.

    Publication Date: 2023-03-24
    Practice Area: Expert Witnesses | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Randolph Powell, (Huff, Powell & Bailey, LLC), Atlanta, for appellant.
    for defendant: Wendy Huray, David Krugler, Andrew Cash, Laura Voght, (Cash Krugler & Fredericks, LLC), Atlanta, Joshua Silk, (Shamp Speed Jordan Woodward), Atlanta, for appellee.
    Case Number: A22A1289

    Court concludes that a physician is not vicariously liable under OCGA §43-34-100, and holds that certain expert testimony is not admissible in a medical malpractice case

  • Smith et al. v. State of Georgia

    Publication Date: 2023-03-22
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Christopher Anulewicz, Patrick Silloway, (Balch & Bingham LLP), Atlanta, Douglas McMillan, (Shingler & McMillan LLC), Donalsonville, Eric Gay, (Law Office of Eric L. Gay, LLC), Bainbridge, for appellant.
    for defendant: David Forehand, (Davis & Forehand), Cordele, Joseph Mulholland, Moruf Oseni, (Office of the District Attorney, South Georgia Circuit), Bainbridge, Douglas Dean, (Lawson & Reid), Cordele, for appellee.
    Case Number: A22A1455

    Court affirms order denying a motion to dismiss an asset forfeiture case because underlying complaint met all pleading requirements

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Mejia v. The State

    Publication Date: 2023-03-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Humberto Mejia, (Jenkins Correctional Facility), Millen, for appellant.
    for defendant: Flynn Broady, Elizabeth York, (Cobb County District Attorney’s Office), Marietta, for appellee.
    Case Number: A22A1711

    Pronounced Sentence of "life to serve 20 years" For Sex Crime Convictions Was Not Unlawfully-Probated Life Sentence

  • Roberts et al. v. McCoy et al.

    Publication Date: 2023-03-06
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Vic Hill, Marietta, for appellant.
    for defendant: William Kemp, Atlanta, Kevina McCoy, Douglasville, for appellee.
    Case Number: A22A1217

    Court affirms ruling that petitioners did not have standing to be adjudicated equitable caregivers of a minor child

  • The State v. Newberry

    Publication Date: 2023-02-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Kelly Weathers, John Fitzner, (Middle Judicial Circuit - District Attorney), Swainsboro, for appellant.
    for defendant: James Tramel, (Attorney at Law), Lilburn, for appellee.
    Case Number: A22A1467

    Court reverses dismissal of charges, finding that missing video footage of the charged crime was not exculpatory and defendant's due process rights were not violated

  • Schroeder Holdings, LLC et al. v. Gwinnett County

    Publication Date: 2023-01-26
    Practice Area: Government | Land Use and Planning | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Robert Reeves, Jaletta Smith, (Andersen Tate & Carr), Duluth, for appellant.
    for defendant: Frank Jenkins, Erik Pirozzi, (Jenkins, Bowen & Walker, P.C.), Cartersville, Michael Ludwiczak, Melanie Wilson, (Gwinnett County Department of Law), Lawrenceville, for appellee; Meredith Germain, Valerie Ross, (Turner Ross Germain, LLC), Marietta, for AM.
    Case Number: A22A1585

    County's Denial of Rezoning Request Was Not Quasi-Judicial Decision Requiring Challenge By Way of Writ of Certiorari

  • Siegrist v. Herhold

    Publication Date: 2022-11-28
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Hugh Rowling, Lauren Bruce, Elizabeth Monyak, (Sr. Associate County Attorney Cobb County Attorney’s Office), Marietta, for appellant.
    for defendant: Douglas Dumont, (The Ausband Firm), Stockbridge, for appellee.
    Case Number: A22A0650

    Court affirms denial of a motion to dismiss a negligence action based on official immunity, and agrees that a county official was acting in a discretionary capacity