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  • Brooks v. Palmer

    Publication Date: 2022-05-17
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A22A0314

    Court affirms dismissal of false arrest complaint against a police officer, who was entitled to qualified immunity from claims when performing a discretionary act

  • Stillwell v. Topa Insurance Company

    Publication Date: 2022-04-05
    Practice Area: Civil Procedure | Insurance Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Frederick Burkey, (The Burkey Law Firm, P.C.), Atlanta, Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Seth Friedman, Ronald Masterson, Victoria Munian, (Lewis Brisbois Bisgaard & Smith), Atlanta, for appellee; Kevin Branch, (McMickle, Kurey & Branch LLP), Alpharetta, Kenneth Barre, (Downey & Cleveland, LLP), Marietta, for other party.
    Case Number: A21A1752

    Plaintiff Had Standing to Sue Insurer Where Trial Court Had Subject Matter Jurisdiction Over Issues Presented in Complaint.

  • Carr v. The State

    Publication Date: 2022-04-01
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Debra Jefferson, (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Flynn Broady, Linda Dunikoski, (Cobb County District Attorney's Office Cobb County Courthouse), Marietta, Samuel d'Entremont, (Western Circuit District Attorney's Office), Athens, for appellee.
    Case Number: A21A1391

    Court rejects child-sex defendant's contention that evidence was insufficient to support his convictions, but vacates and remands certain sentences due to merger error

  • Knight v. Safety National Casualty Corp

    Publication Date: 2022-04-01
    Practice Area: Insurance Litigation | Personal Injury
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Terry Jackson, (Attorney at Law), Atlanta, for appellant.
    for defendant: Robert Ingram, Ryan Ingram, Lindsay Fleming, Max Perwich, (Moore Ingram Johnson & Steele LLP), Marietta, for appellee.
    Case Number: A21A1434

    Court affirms dismissal of personal injury complaint against employer's insurer because plaintiff failed to satisfy a condition to collect uninsured motorist benefits

  • Shuler v. Akpan

    Publication Date: 2022-03-22
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Raymond Humphrey, (The Law Office of Raymond C. Humphrey, Esq.), Dunwoody, for appellant.
    for defendant: Kevin Tallant, Jonah Howell, (Miles Patterson Hansford Tallant, LLC), Cumming, for appellee.
    Case Number: A21A1475

    Court reverses denial of defendant's motion to set aside a default judgment because plaintiff failed to show diligence in serving defendant before service by publication

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Emory Healthcare, Inc. v. Van Engelen et al.

    Publication Date: 2022-03-22
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Joscelyn Hughes, (Bendin Sumrall & Ladner), Atlanta, Benjamin Ladner, (Attorney at Law), Atlanta, for appellant.
    for defendant: Jeffrey Shiver, Marla Eastwood, Kyle Wallace, (Shiver Hamilton LLC), Atlanta, for appellee; Wayne McGrew, Andrew Bagley, (McGrew Miller Bomar & Bagley LLC), Atlanta, for other party.
    Case Number: A21A1562

    Court affirms denial of a motion to dismiss and compel arbitration on a wrongful death/medical malpractice actions because agreement was not signed on behalf of claimant

  • Kemron Environmental Services, Inc. v. Prospira Paincare, Inc.

    Publication Date: 2022-03-15
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Derek Littlefield, Kirk McAlpin, (Cushing, Morris, Armbruster & Montgomery LLP), Atlanta, for appellant.
    for defendant: James Gober, Richard Mitchell, Edward Cadagin, (Arnall Golden Gregory LLP), Atlanta, for appellee.
    Case Number: A21A1781

    Time to Move to Modify Default Judgment Began Running When Defendant Was Served

  • State v. Jennings

    Publication Date: 2022-03-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Lee Darragh, (District Attorney, NEJC of GA Northeastern Judicial Circuit), Gainesville, Paul Lamb, (Dawson County District Attorney's Office), Cleveland, for appellant.
    for defendant: Andrew Richman, (Richman Law Firm), Cumming, Matthew Winchester, (Law Offices of Matthew K. Winchester), Atlanta, for appellee.
    Case Number: A21A1355

    Court affirms suppression of evidence in a hit-and-run accident case where police exceeded the scope of their authority to enter a defendant's property

  • Alred v. Georgia Public Defender Council

    Publication Date: 2022-02-23
    Practice Area: Government | Legal Malpractice
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Howard Stiller, (Howard J. Stiller, P.C.), Albany, for appellant.
    for defendant: Ronald Boyter, Christopher Carr, (Attorney General), Atlanta, Angela Cusimano, (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A21A1189

    Georgia Public Defender Counsel Not Immune From Suit For Legal Malpractice

  • In the Interest of A. A., a Child

    Publication Date: 2022-02-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Kaylee Maxwell, (Coweta County Public Defender's Office), Newnan, for appellant.
    for defendant: Nathaniel Smith, (Attorney at Law), Carrollton, for appellee.
    Case Number: A21A1724

    Court affirms adjudication of delinquency over minor child's contentions of misinterpretation of a statute, error in admitting evidence, and insufficient evidence