• Butler v. The State

    Publication Date: 2019-12-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Neil Monroe, (N. Matthew Monroe, P.C.), Valdosta, for appellant.
    for defendant: Joseph Mulholland, Moruf Oseni, (Office of the District Attorney, South Georgia Circuit), Bainbridge, for appellee.

    Case Number: A19A1056

    Court Reverses Child Molestation Conviction for Lack of Essential Elements of Reasonable Doubt

  • Lowe v. The State

    Publication Date: 2019-11-22
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Gregory Crawford, (Attorney at Law), Savannah, appellant.
    for defendant: Margaret Heap, Jeremiah Johnson, (District Attorney's Office), Savannah, for appellee.

    Case Number: A19A1095

    No Probable Cause For Warrantless Search of Vehicle Stopped For Minor Traffic Violation

  • National Indemnity Company v. Lariscy

    Publication Date: 2019-11-21
    Practice Area: Civil Procedure | Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Richard Foster, Marc Hood, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, for appellant.
    for defendant: Cecil Davis, Howard Spiva, Mary Hashemi, (Spiva Law Group), Savannah, for appellee. Sarah Akins, Megan Manly, (Ellis, Painter, Ratterree & Adams, L.L.P.), Savannah, Brian Neary, (Webb, Zschunke, Neary, Dikeman, LLP), Atlanta, Joseph Rahimi, (Rahimi, Hughes & Padgett, LLC), Savannah, for other party.

    Case Number: A19A0847

    Court vacates denial of summary judgment motion in a personal injury case and remands case for clarification of reasons for that denial

  • Longino v. Longino

    Publication Date: 2019-11-12
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Alfred Chang, (The Law Office of Alfred Chang), Dahlonega, for appellant.
    for defendant: Jeffrey Cox, (Attorney at Law), Dawsonville, for appellee.

    Case Number: A19A1386

    Court vacates the modification of a child custody arrangement because trial court failed to elucidate any material change in the children's circumstances

  • Amusement Leasing, Inc. v. Georgia Lottery Corporation

    Publication Date: 2019-10-31
    Practice Area: Administrative Law | Civil Appeals | Regulation
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Donald Kennedy, (Attorney at Law), Clayton, for appellant.
    for defendant: Julie Jacobs, William Banks, Christopher Carr, (Office of the Attorney General), Atlanta, Brooke Heinz, (Georgia Law Department), Atlanta, for appellee.

    Case Number: A19A1666

    Coin-Operated Amusement Machine Licensee Failed to Exhaust Administrative Remedies Before Appealing From License Revocation

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

    Authors: Michael D. Malfitano

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  • Haesun Park-Poaps v. Poaps

    Publication Date: 2019-10-14
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Eric Ballinger, (Attorney at Law), Canton, for appellant.
    for defendant: Sally Fox, Bridget Cardinale, (Fox Legal, LLC), Decatur, for appellee.

    Case Number: A19A2032

    Family Law Court's Pro-Rata Division of Costs of Children's Extracurricular Activities Required Written Findings

  • TMX Finance, LLC et al. v. Goldsmith et al.

    Publication Date: 2019-10-11
    Practice Area: Business Torts | Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Robert D'Cruz, (Baker Hostetler), Atlanta, Anthony Decinque, (United States Department of Justice Richard B. Russell Federal Building), Atlanta, for appellant.
    for defendant: William Hunter, Inman Hodges, George Major, (Oliver Maner, LLP), Savannah, Jeffrey Harris, Stephen Lowry, Yvonne Godfrey, (Harris Lowry Manton LLP), Savannah, for appellee. Kirby Mason, David Burkoff, (Hunter, MaClean, Exley & Dunn, P. C), Savannah, Billy Jones, (Jones, Osteen & Jones), Hinesville, for other party.

    Case Number: A19A0855

    Plaintiffs Who Run Hearing Aid Company Fail to State a Claim for Breach of an Option Agreement

  • Crewe Acquisitions, Inc. v. Kendrick

    Publication Date: 2019-09-06
    Practice Area: Tax
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: John Long, (Attorney at Law), Augusta, for appellant.
    for defendant: Keith Johnson, (Keith B. Johnson, LLC), Augusta, for appellee.

    Case Number: A19A1252

    Court Vacates Award of Attorney's Fees to County in Interpleader Action to Establish Who Was Entitled to Excess Tax Sale Proceeds Where Trial Court Failed to Identify Basis for Awarding Fees to Tax Commissioner Who Brought the Action

  • Turner v. The State

    Publication Date: 2019-09-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Christina Cribbs, (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Richard Mallard, Keith McIntyre, Daphne Totten, (Assistant District Attorney), Statesboro, Russell Jones, (Office of the Public Defender), Springfield, for appellee.

    Case Number: A17A1625

    Court remands case to trial court for application of recent precedent on ineffective assistance of counsel regarding a plea deal.

  • Capital Floors, LLC et al. v. Furman et al.

    Publication Date: 2019-08-30
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: A Soofian, (Attorney at Law), Atlanta, for appellant.
    for defendant: Steven Lefkoff, (Lefkoff Law, LLC), Atlanta, for appellee.

    Case Number: A19A1418

    Court Affirms Trial Court's Award of Damages to Plaintiffs Who Successfully Obtained Default Judgment as Sanction for Defendants' Failure to Comply with Discovery Obligations, Approving of Trial Court's Conclusion That Defendants Waived Right to Jury Trial on Damages, While Vacating Its Award of Attorney's Fees Where Trial Court Failed to Identify Basis of Authority for Awarding Fees