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  • Summerour et al. v. City of Monroe et al.

    Publication Date: 2022-04-12
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Craig Jones, (Craig T. Jones, PC), Washington, for appellant.
    for defendant: Sara Brochstein, Dana Maine, (Freeman Mathis & Gary, LLP), Atlanta, for appellee.
    Case Number: A21A1561

    Court affirms dismissal on the pleadings of wrongful death action on grounds of sovereign immunity. but vacates and remands as to official immunity

  • Glass et al. v. Faircloth et al.

    Publication Date: 2022-04-06
    Practice Area: Attorney Compensation | Civil Appeals | Civil Procedure
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Letitia McDonald, Lohr Beck-Kemp, Peter Diaz, (King & Spalding), Atlanta, Robert Reeves, Thomas Tate, Jaletta Smith, (Andersen, Tate & Carr, P.C.), Duluth, for appellant.
    for defendant: Julie Jacobs, William Banks, Christopher Carr, (Deputy Attorney General), Atlanta, Gerald Davidson, (Mahaffey Pickens Tucker, LLP), Lawrenceville, Ann Ferebee, Jennifer Odom, (Bryan Cave LLP), Atlanta, James Manley, Jill Kuhn, (Troutman Sanders LLP), Atlanta, Whitney Groff, (Georgia Office of the Attorney General), Atlanta, William Withrow, Kathleen Campbell, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Nicholas Bedo, (Bryan Cave Leighton Paisner LLP), Atlanta, for appellee.
    Case Number: A21A1737

    Order Directing Trust to Pay Trustee's Legal Fees Was Directly Appealable as Mandatory Interlocutory Injunction

  • Dunn v. Dunn

    Publication Date: 2022-04-05
    Practice Area: Evidence | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Kevin Mammola, (Cordell & Cordell), Atlanta, for appellant.
    for defendant: Lawrence Stagg, (Attorney at Law), Ringgold, for appellee.
    Case Number: A21A1776

    Evidence of Spouse's "Concern" Too Vague to Support Finding That Other Spouse Committed Assault or Battery on Children

  • The State v. Petty

    Publication Date: 2022-03-23
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jamie Inagawa, Joseph Myers, William Carter, (Fayette County Solicitor's Office Office of the Fayette County Solicitor-General), Fayetteville, for appellant.
    for defendant: David Ballard, (Ballard Law Office, LLC), Fayetteville, for appellee.
    Case Number: A21A1711

    Court dismisses an appeal of a trial court ruling on admission of certain evidence because it lacked jurisdiction to hear the appeal

  • Walker v. Richmond et al.

    Publication Date: 2022-03-22
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Christopher Timmons, (Dekalb County District Attorney's Office), Decatur, Jon David Huffman, (Poole Huffman, LLC), Tucker, for appellant.
    for defendant: Eric Welch, (Eric N. Welch PC), Marietta, for appellee.
    Case Number: A21A1277

    Court sets aside a default judgment in a property dispute case because the order on a petition for declaratory judgment was entered on an impermissible advisory basis

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    Georgia Construction Law Handbook 2024

    Authors: T. BART GARY, JAKE CARROLL

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  • Beckman v. Beckman

    Publication Date: 2022-03-17
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Barbara Claridge, (Claridge Law Firm), Augusta, for appellant.
    for defendant: John Tisdale, (Tisdale Law Firm), Evans, for appellee.
    Case Number: A21A1575

    Court vacated order that modified a visitation restriction to prohibit all contact between a father's new wife and his son because no evidence supports that restriction

  • Smith v. The State

    Publication Date: 2022-03-16
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Erik Smith, (Jenkins Correctional Facility), Millen, for appellant.
    for defendant: Louie Fraser, Leslie Ray, (Assistant District Attonrey Dublin Judicial Circuit), Dublin, for appellee.
    Case Number: A22A0181

    Trial Court Failed to Apply Correct Legal Analysis in Weighing Ineffective Assistance of Counsel Claims

  • Labbee v. The State

    Publication Date: 2022-03-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Monte Davis, (Attorney at Law), Roswell, for appellant.
    for defendant: Oliver Browning, (District Attorney), Cedartown, for appellee.
    Case Number: A22A0246

    Court affirms denial of defendant's plea in bar based on his constitutional right to a speedy trial

  • McNeil v. The State

    Publication Date: 2021-12-16
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Devin Rafus, (Arora Law Firm LLC), Atlanta, for appellant.
    for defendant: David Parrish, Marietta, John Cranford, (Coweta Judicial Circuit), Newnan, for appellee.
    Case Number: A21A1600

    Court reverses denial of motion to suppress evidence seized during a traffic stop because the officer unreasonably prolonged the stop without reasonable suspicion

  • Clemmons v. The State

    Publication Date: 2021-11-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Elizabeth Baker, (Griffin Judicial Circuit District Attorney Fayette County District Attorney’s Office), Fayetteville, Marie Broder, (Spalding County District Attorney’s Office), Griffin, for appellee.
    Case Number: A21A0782

    Court affirms convictions for child molestation and related crimes over defendant's contentions of evidentiary error and ineffective assistance of counsel.