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  • Benton v. The State

    Publication Date: 2023-03-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Steven Sparger, (Attorney at Law), Savannah, for appellant.
    for defendant: Shalena Jones, Abigail Long, (Eastern Judicial Circuit District Attorney’s Office), Savannah, for appellee.
    Case Number: A21A1118

    Revocation of a first offender's probation does not automatically result in a conviction, and his first offense cannot be used as a conviction for enhanced sentencing

  • Bristol Consulting Group, Inc. et al. v. D2 Property Group, LLC et al.

    Publication Date: 2023-03-23
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Kimberly Ellison, Wayne Kendall, (Wayne B Kendall PC), Fayetteville, for appellant.
    for defendant: M. O’Neill, (Womble Bond Dickinson (US) LLC), Charlotte, for appellee.
    Case Number: A22A1209

    Court affirms judgment for investors that were defrauded in a complex real estate deal over liable party's contentions of trial court error

  • Thomas v. The State

    Publication Date: 2023-03-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Randall Schonder, (The Schonder Law Firm, LLC), Rome, Jonathan Hamrick, (Rome Circuit Public Defender Office), Rome, for appellant.
    for defendant: Leigh Patterson, Elisabeth Giuliani, (Floyd County District Attorney’s Office), Rome, for appellee.
    Case Number: A22A1677

    Court reverses denial of defendant's special demurrer to two counts of a nine-count indictment because those counts lacked specificity as to weapons charges

  • Merritts v. North Georgia Veterinary Referral Practice, Inc., et al.

    Publication Date: 2023-03-14
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Cory Close, (Busch Reed & Jones, P.C.), Marietta, Chad Reed , (Attorney At Law), Marietta, Blake Kilday, Marietta, for appellant.
    for defendant: Ryan Wilhelm, (Lewis Brisbois Bisgaard & Smith, LLP), Atlanta, for appellee.
    Case Number: A22A1657

    Court affirms dismissal of professional negligence complaint against veterinarian because plaintiff failed to include the requisite affidavit with her complaint

  • In re Estate of Charles D. Henry, Deceased

    Publication Date: 2023-03-08
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Eric Fisher, Jeffrey Morgan, (Barnes & Thornburg LLP), Atlanta, for appellant.
    for defendant: Lori Christman, Louis Levenson, (Levenson & Associates), Atlanta, Lyonnette Davis, Atlanta, for appellee.
    Case Number: A22A1518

    Court reverses summary judgment order that dismissed a petition for a caveat to the probate of a will in light of questions of fact over the existence of undue influence

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  • Spratlin v. The State

    Publication Date: 2023-03-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Benjamin Pearlman, (Office of the Public Defender Western Judicial Circuit), Athens, for appellant.
    for defendant: Gerald Henderson, (Gwinnett County District Attorney), Lawrenceville, Deborah Gonzalez, (Western Judicial Circuit, DA), Athens, for appellee; Robert Smith, (Prosecuting Attorneys’ Council of Georgia), Morrow, Greg Willis, (Willis Law Firm), Atlanta, for AM.
    Case Number: A22A1213

    Court vacates conviction for criminal trespass and remands case for application of the correct Confrontation Clause analysis of challenged testimony from a deceased witness

  • Irish Angela Frey, et al. v. Michael C. Jesperson et al.

    Publication Date: 2023-02-22
    Practice Area: Insurance Litigation | Wrongful Death
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Michael Ford, (Ford & Josey, P. C.), Gainesville, for appellant.
    for defendant: Travis Meyer, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, Stevan Miller, Lisa Richardson, (Drew Eckl & Farnham, LLP), Atlanta, Megan Prince-Miller, (Law Offices of McLaughlin & Ream), Atlanta, for appellee.
    Case Number: A22A1589

    Court affirms summary judgment for an insurer in a wrongful death case, finding that decedent had selected reduced-by and not add-on underinsured motorist coverage

  • Smith v. Smith

    Publication Date: 2023-02-08
    Practice Area: Family Law | Military Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Kevin Buice, (Kevin B. Buice LLC), Carrollton, for appellant.
    for defendant: Brad McFall, (Gammon, McFall & Villarreal), Cedartown, for appellee.
    Case Number: A22A1443

    Amended Order Impermissibly Modified Ex-Spouse's Entitlement to Portion of Military Retirement Benefits

  • Mulkey v. The State

    Publication Date: 2023-02-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Matthew Winchester, (Law Offices of Matthew K. Winchester), Atlanta, Jason McLendon, (McLendon Law Firm), Atlanta, for appellant.
    for defendant: Elizabeth Racine, Aimee Sobhani, (Douglas County District Attorney), Douglasville, for appellee.
    Case Number: A22A1452

    Court affirms child molestation conviction over defendant's contentions of error regarding admission of prior bad acts evidence from similar charges that were dismissed

  • Williams et al. v. Harvey et al.

    Publication Date: 2023-02-02
    Practice Area: Civil Appeals
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Walker Chandler, Peachtree City, Clyde Royals, (Attorney at Law), Douglas, for appellant.
    for defendant: Richard Strickland, Amanda Szokoly, (Brown Reddick Bumgartner Carter Strickland & Watkins, LLP), Brunswick, Brian Corry, (McQuigg, Smith & Corry, LLC), St. Simons Island, for appellee.
    Case Number: A22A1550

    Court affirms dismissal of a complaint that had sought an injunction against the removal of a Confederate monument because plaintiffs lacked standing to sue