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  • Smith v. Tibbits, Executor et al.

    Publication Date: 2021-05-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Donald Defoor, (Don F. Defor, P.C.), Douglasville, for appellant.
    for defendant: Robert Carlson, Harry MacDougald, Christine Buckler, (Caldwell, Carlson, Elliott & DeLoach, LLP), Atlanta, for appellee.
    Case Number: A20A1987

    Court reverses summary judgment in favor of an estate executor when genuine issue of material fact existed as to whether certain real and other property had been transferred

  • Robertson v. The State

    Publication Date: 2021-05-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Karen Brouse, (Brouse Law), Blue Ridge, for appellant.
    for defendant: Lee Darragh, Wanda Vance, (Assistant District Attorney Northeastern Judicial Circuit), Gainesville, for appellee.
    Case Number: A21A0334

    Trial Court Did Not Err in Excluding Defendant From Bench Conferences or in Denying Motion for a Mistrial When Social Worker Allegedly Bolstered Victim's Credibility

  • Maddox v. The State

    Publication Date: 2021-05-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Samantha Trippedo, (Attorney at Law), Norcross, for appellant.
    for defendant: Layla Zon, (District Attorney), Covington, Randal McGinley, (Newton County District Attorney's Office), Covington, Kristen Roddenbery, (Alcovy Judicial Circuit), Monroe, for appellee.
    Case Number: A21A0120

    Court affirms convictions over challenges to evidence seized at crime scene because defendant's guilty plea waived any error in the trial court's denial of a motion to suppress

  • UHS of Anchor, L.P. d/b/a Southern Crescent Behavioral Health System v. Georgia Department of Community Health et al.

    Publication Date: 2021-04-26
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Robert Threlkeld, (Morris Manning & Martin, LLP), Atlanta, Anthony Cestaro, Decatur, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Marial Ellis, Roxana Tatman, Rachel King, (Dept. of Community Health), Atlanta, Daniel Walsh, (Department of Law, State of Georgia), Atlanta, Forrest Pearce, (Pearce, LLC), Atlanta, Christopher Anulewicz, Austin Alexander, (Balch & Bingham LLP), Atlanta, for appellee.
    Case Number: A19A0425

    Court vacates its original opinion and adopts Supreme Court opinion addressing the Department of Health's authority to require a Certificate of Need for a hospital expansion

  • Copeland v. Home Grown Music, Inc.

    Publication Date: 2021-04-07
    Practice Area: Contractual Disputes
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Braden Copeland, Macon, for appellant.
    for defendant: Foy Devine, Diane LaRoss, (Taylor English Duma LLP), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, for appellee.
    Case Number: A20A1721

    Court affirms summary judgment on investor's breach of contract claims as to payment of royalties, and reverses award of costs for defendant

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • River Place At Port Royal Condominium Association, Inc. v. Sapp

    Publication Date: 2021-04-01
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Victor Hawk, (Attorney at Law), Augusta, Reid Sanders, (Victor Hawk), Augusta, for appellant.
    for defendant: J. Padgett, Joseph Rahimi, Haley Allen, (Rahimi Hughes & Padgett LLC), Savannah, for appellee.
    Case Number: A20A1923

    Court determine that premises owner was entitled to summary judgment on injured party's premises liability claim due to lack of superior knowledge of a hazard

  • Lewis v. The State

    Publication Date: 2021-03-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Steven Sparger, (Attorney at Law), Savannah, for appellant.
    for defendant: Margaret Heap, (District Attorney), Savannah, Shalena Jones, Kurtis Bronston, (Office of the District Attorney, Eastern Judicial Circuit of Georgia), Savannah, for appellee.
    Case Number: A20A1704

    Court reverses convictions for possession of marijuana because evidence was seized unlawfully

  • Brumbelow v. Mathenia, et al.

    Publication Date: 2021-03-19
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Timothy Healy, (The Healy Law Firm, LLC), Toccoa, for appellant.
    for defendant: Justin Hester, (Hester Outman LLC), Norcross, James Outman, (Law Office of James B. Outman, LLC), Atlanta, Judy Sartain, (Judy D. Sartain, P.C.), Murrayville, Corey Mathenia, Hinesville, for appellee.
    Case Number: A18A1117

    Court adopts a Georgia Supreme Court opinion that an unwed biological father of a child abandoned his opportunity interest to pursue a relationship with his son

  • Sambou v. The State

    Publication Date: 2021-03-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Joyette Holmes, Marietta, John Edwards, (District Attorney's Office, Cobb Judicial Circuit), Marietta, Lindsay Raynor, (Douglas County Solicitor General's Office), Douglasville, for appellee.
    Case Number: A20A1764

    Court affirms convictions for identity fraud and forgery over defendant's contentions of trial court error and challenges to admission of evidence.

  • Rios v. The State

    Publication Date: 2021-03-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Lawrenceville, for appellant.
    for defendant: Patsy Austin-Gatson, Stephen Fern, Daniel Porter, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A20A1999

    Court affirms drug trafficking convictions entered on an Alford plea and rejects defendant's arguments that the plea was not knowingly and voluntarily made