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  • Xu et al. v. Yonnone et al.

    Publication Date: 2022-07-14
    Practice Area: Dispute Resolution
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William Downs, (Downs Law, LLC.), Atlanta, for appellant.
    for defendant: Randall Lipshutz, (Lipshutz Greenblatt LLC), Tucker, Steven Luper, (Steven Luper, Esq.), Atlanta, for appellee; Thomas Sippel, (McAngus, Goudelock & Courie, LLC), Atlanta, for other party.
    Case Number: A22A0418

    Court affirms an award for attorney fees in a dispute over a property boundary wall where respondent had refused to participate in arbitration as required by covenants

  • Herrington v. The State

    Publication Date: 2022-07-01
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Robert Persse, Savannah, for appellant.
    for defendant: Charles Higgins, (District Attorney's Office for the Brunswick Judicial Circuit), Brunswick, Benjamin Gephardt, (District Attorney's Office for the Brunswick Judicial Circuit), Kingsland, for appellee.
    Case Number: A22A0283

    Court affirms hit-and-run convictions and rejects defendant's argument that trial court erred by failing to give a jury charge on exemption from hit-and-run liability

  • Wealthmore Properties, LLC v. Cheeto Holdings, LLC

    Publication Date: 2022-06-30
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Albert Mitchell, (Albert A. Mitchell, P.C.), Atlanta, for appellant.
    for defendant: Joseph Grodzicki, (Winter Capriola Zenner LLC), Atlanta, Shawn McKenzie, (Campbell & Brannon LLC), Atlanta, for appellee; Shameka Clair, (The Clair Firm, LLC), Atlanta, David Basil, Carrollton.
    Case Number: A22A0291

    Court affirms summary judgment for defendant in a matter where plaintiff attempted to unwind a tax sale redemption, finding that plaintiff's attorney had settlement authority

  • Pate v. The State

    Publication Date: 2022-06-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Monroe, (John Monroe Law, P.C.), Dawsonville, for appellant.
    for defendant: Robert Wilson, (Enotah Judicial Circuit District Attorney), Cleveland, William Langley, (District Attorney), Blairsville, for appellee.
    Case Number: A22A0602

    Court affirms convictions for aggravated assault and firearm possession, and affirms denial of defendant's motion or immunity from prosecution

  • Barefoot v. Denson

    Publication Date: 2022-06-23
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Lester Dozier, (Dozier Law Firm, LLC), Macon, for appellant.
    for defendant: William Handberry, David Cromer, (James Bates Brannan Groover, LLP), Macon, for appellee.
    Case Number: A22A0139

    Court affirms jury verdict for defendant in a car accident personal injury lawsuit because plaintiff assumed the risk and was more negligent than plaintiff

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • The State v. Johnson

    Publication Date: 2022-06-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jefferson Adams, Deborah Gonzalez, Robert Schollmeyer, (Western Judicial Circuit District Attorney's Office), Athens, for appellant.
    for defendant: Ryan Ignatius, (Law Office of Ryan Ignatius, LLC), Athens, for appellee.
    Case Number: A22A0522

    Court reverses order finding that a traffic stop was unlawful, vacates order that found insufficient probable cause for a warrantless search, and remands for further proceedings

  • Lavan v. Cannon Farms, Inc.

    Publication Date: 2022-06-21
    Practice Area: Personal Injury
    Industry: Agriculture
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Dewey Hayes, (Dewey N. Hayes, Jr., P.C.), Douglas, Ashleigh Madison, (Southeast Law, LLC), Savannah, for appellant.
    for defendant: John Spurlin, (Spurlin & McCorvey), Tifton, for appellee.
    Case Number: A22A0572

    Court reverses summary judgment order for defendant in a personal injury matter, finding that genuine issues of material fact precluded summary judgment

  • City of Suwanee v. Padgett et al.

    Publication Date: 2022-06-17
    Practice Area: Premises Liability
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Richard Carothers, (Attorney at Law), Buford, Karen Thomas, (Carothers & Mitchell, LLC), Buford, for appellant.
    for defendant: Bruce Hagen, Matthew Hagen, (Hagen Rosskopf, LLC), Decatur, Naveen Ramachandrappa, Matthew Sellers, (Bondurant, Mixson & Elmore LLP), Atlanta, for appellee.
    Case Number: A22A0338

    Court affirms denial of a City's motion to dismiss a slip and fall action, finding that claimants filed a proper ante litem notice and raised genuine issues of fact

  • The State v. Mathews

    Publication Date: 2022-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Elizabeth Racine, Aimee Sobhani, (Douglas County District Attorney's Office), Douglasville, for appellant.
    for defendant: Dorian Murry, (The Murry Law Group), Stone Mountain, Leigh Webster, (Strickland Webster, LLC), Atlanta, for appellee.
    Case Number: A22A0460

    Court vacates motion to suppress evidence collected at a traffic stop and remands for findings of officer's experience in detecting drugs

  • Alpha Rho Corporation of Delta Delta Delta v. Mathis Apartments, Inc.

    Publication Date: 2022-06-16
    Practice Area: Damages
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Carter, Charles Dorr, (Carter Cromwell Law Firm), Madison, for appellant.
    for defendant: David Ellison, (Fortson Bentley and Griffin PA), Athens, for appellee.
    Case Number: A22A0104

    Court reverses award of attorney fees for defendant where plaintiff, though unsuccessful, had made valid contract allegations against defendant