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  • Starship Enterprises of Atlanta, Inc. v. Nash et al.

    Publication Date: 2020-11-16
    Practice Area: Civil Rights | Government | Land Use and Planning
    Industry: Entertainment and Leisure | Retail | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Alan Begner, Eric Coffelt, (Begner & Begner, P.C.), Atlanta, for appellant.
    for defendant: Richard Carothers, (Attorney at Law), Buford, Bryan Dykes, (Attorney at Law), Chattanooga, Amy Cowan, (Atkinson Ferguson, LLC), Monroe, Scott Bergthold, (Law Office of Scott D. Bergthold), Chattanooga, for appellee.
    Case Number: A20A1961

    Legislative Immunity Barred Claims Against Individual County Officials For Acts Performed in Their Official Capacities

  • Coen v. Aptean, Inc. et al.

    Publication Date: 2020-09-24
    Practice Area: Civil Procedure | Damages
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Timothy Coen, Atlanta, for appellant.
    for defendant: Matthew Ames, (Balch & Bingham LLP), Atlanta, Steven Collins, (Alston & Bird LLP), Atlanta, Rachel Gage, Richard Robbins, Alexa Ross, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, for appellee.
    Case Number: A18A0522

    Statutory Abusive Litigation Claim Asserted in Renewal Suit Was Not Time-Barred; Derivative Request for Punitive Damages Also Not Time-Barred

  • Outfront Media, LLC v. City of Sandy Springs

    Publication Date: 2020-09-16
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Scott Peters, Sarah Smith, (Schreeder, Wheeler & Flint, LLP), Atlanta, for appellant.
    for defendant: Daniel Lee, (Attorney for the City of Sandy Springs), Sandy Springs, Matthew Weiss, (Freeman Mathis & Gary), Atlanta, for appellee.
    Case Number: A20A1269

    Trial Court Erred in Finding That Tenant Was Precluded From Pursuing Inverse Condemnation Counterclaim Against City for the Taking of Its Remaining Interests in Property

  • McNeely v. The State

    Publication Date: 2020-08-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: James Weston, (Trotter Jones LLP), Augusta, for appellant.
    for defendant: Joshua Smith, Henry Syms, (Office of the District Attorney), Augusta, for appellee.
    Case Number: A20A1496

    Court affirms denial of defendant's motion for a new trial where defendant could not show prejudice due to his trial counsel's alleged ineffectiveness

  • McCalla Raymer, LLC v. Foxfire Acres, Inc.

    Publication Date: 2020-08-19
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Alan Snipes, (Page, Scrantom, Sprouse, Tucker & Ford, PC), Columbus, for appellant.
    for defendant: James Patrick, (Attorney at Law), Columbus, for appellee. Monica Gilroy, (The Gilroy Firm), Alpharetta, for other party.
    Case Number: A20A0159

    Court reverses denial of summary judgment on fraud and other causes but affirms denial on breach of contract in a title dispute over foreclosure auction property purchase

  • 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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  • Williams v. The State

    Publication Date: 2020-08-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Leigh Webster, (Strickland Webster, LLC), Atlanta, for appellant.
    for defendant: John Edwards, John Melvin, (District Attorney's Office, Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A20A0397

    Trial Court Abused its Discretion in Denying Defendant's Motion for a New Trial, But Did Not Abuse its Discretion in Admitting Evidence Related to His Gang Membership

  • City of Norcross v. Gwinnett County, Georgia

    Publication Date: 2020-07-24
    Practice Area: Administrative Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A20A1033

    Based on Easements Granted to County Over Property, County Was Responsible for Repair and Maintenance of Commercial Property's Drainage System Following Annexation by the City

  • Mitchell v. Parian, et al.

    Publication Date: 2020-07-17
    Practice Area: Legal Malpractice
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: William Ney, (William Brent Ney, LLC), Lawrenceville, for appellant.
    for defendant: Thomas Mock, (Hawkins & Parnell, LLP), Atlanta, Donald Brown, William Daniel, (Hall, Booth, Smith), Atlanta, for appellee.
    Case Number: A20A0419

    Court reverses dismissal of legal malpractice action because there was no conflict over the attorney that provided the supporting affidavit

  • Georgia Professional Standards Commission v. Wilson-Williams

    Publication Date: 2020-07-16
    Practice Area: Civil Appeals
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Christopher Carr, Annette Cowart, Wylencia Monroe, Russell Willard, (Georgia Attorney General's Office), Atlanta, for appellant.
    for defendant: Maurice King, (Law Offices of Maurice Luther King, Jr., P.C.), Albany, Macon, for appellee.
    Case Number: A20A0090

    Court reinstates suspension of an educator's certificate because superior court improperly considered a preemption argument in reversing that suspension

  • A20A0768. Dockery et al. v. Haedong Industries Corp., Ltd. et al.

    Publication Date: 2020-07-10
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Darren Penn, Alexandra Cole, (Penn Law LLC), Atlanta, Eric Ripper, (Ripper Law Firm PC), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, Jane Vincent, (Attorney at Law), Atlanta, for appellant.
    for defendant: Daniel Diffley, Lara Tumeh, (Alston & Bird LLP), Atlanta, for appellee.
    Case Number: A20A0767

    Court in Wrongful Death Suit Incorrectly Granted Defendants' Motion to Set Aside Default Judgment; Remanded for Specification as to Basis for Decision