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  • Williams v. The State

    Publication Date: 2021-07-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Lucy Roth, (Augusta Office of the Public Defender), Augusta, for appellant.
    for defendant: Joshua Smith, Henry Syms, Jared Williams, (Office of the District Attorney), Augusta, for appellee.
    Case Number: A21A0390

    Court reverses denial of new trial motion in drug possession case where trial court erroneously denied a motion to suppress evidence

  • Evans et al. v. The Medical Center of Central Georgia

    Publication Date: 2021-07-12
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: John Hadden, (The Hadden Law Firm, LLC), Atlanta, Tracey Dellacona, (Dellacona Law Firm), Macon, Jarome Gautreaux, (Gautreaux & Sizemore, LLC), Macon, Roger Krause, (Krause, Golomb & Witcher, LLC), Atlanta, for appellant.
    for defendant: Roy Meeks, Amanda Speier, (Taylor English Duma LLP), Atlanta, for appellee.
    Case Number: A21A0256

    Court reverses summary judgment grant for a hospital and a nurse in a medical malpractice action due to open fact issue as to a breach of the applicable standard of care

  • The Medical Center, Inc. v. Bowden

    Publication Date: 2021-06-29
    Practice Area: Class Actions | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Paul Ivey, Robert Martin, (Hall Booth Smith, P.C.), Columbus, Lindsey Mann, William Withrow, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Lauren Dimitri, (Attorney at Law), Columbus, for appellant.
    for defendant: Charles Gower, Charles Gower, (Attorney at Law), Columbus, Michael Terry, Michael Baumrind, Frank Lowrey, (Bondurant, Mixson & Elmore LLP), Atlanta, for appellee. Jason Bring, (Arnall, Golden, Gregory), Atlanta, for Amicus Appellant.
    Case Number: A18A1249

    Court reverses class certification and rules that a hospital was entitled to summary judgment on patient's fraud and misrepresentation claims

  • D. Rose, Inc. et al v. City of Atlanta et al.

    Publication Date: 2021-06-16
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Kyler Wise, (Wilson Brock & Irby, LLC), Atlanta, for appellant.
    for defendant: Meredith Germain, Valerie Ross, (Turner Ross Germain, LLC), Marietta, for appellee.
    Case Number: A21A0168

    Court affirms summary judgment order in favor of the City of Atlanta, finding that a setback restriction was not a total taking that amounted to an inverse condemnation

  • Brazil v. Williams

    Publication Date: 2021-06-14
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Alonzo Nelson, (Attorney at Law), Atlanta, for appellant.
    for defendant: Carrie Hackett, Ashley Wine, (Hackett & Wine LLC), Atlanta, for appellee. Royce Bluitt, (The Bluitt Law Firm, LLC), Atlanta, for other party.
    Case Number: A21A0037

    Court affirms denial of mother's petition to modify child custody and her motion for a new trial where father's relocation was not a material change in circumstances

  • Law Journal Press | Digital Book

    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri

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  • Wentz et al. v. Emory Healthcare, Inc. et al.

    Publication Date: 2021-06-14
    Practice Area: Health Care Law | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Douglas Daum, (Attorney at Law), Snellville, for appellant.
    for defendant: Brian Trulock, Alan Payne, (Bendin Sumrall & Ladner, LLC), Atlanta, for appellee.
    Case Number: A21A0630

    Patient Failed to Prove Simple Battery Founded on Claim of Withdrawal of Consent to Removal of Catheter

  • In the Interest of C. L. W., A Child.

    Publication Date: 2021-06-11
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Frank Starosto, (Star Law PC), Woodstock, for appellant.
    for defendant: Christopher Carr, Penny Hannah, Shalen Nelson, (Senior Assistant Attorney General), Atlanta, Anais Brown, (Attorney at Law), Atlanta, for appellee.
    Case Number: A21A0616

    Minor Child's Guardian Ad Litem Had Standing to Seek Modification of Custody Disposition

  • Ambrosio et al. v. Giordano, Jr. et al.

    Publication Date: 2021-04-09
    Practice Area: Contracts | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: William Ney, (William Brent Ney, LLC), Lawrenceville, for appellant.
    for defendant: Bruce Dubberly, (Dubberly & McGovern), Glennville, for appellee.
    Case Number: A20A2118

    Parties Mutually Assented to the Terms of Real Estate Sale Agreements; Trial Court Properly Rejected Buyers' Impossibility Defense

  • Smith v. Laney et al.

    Publication Date: 2021-04-07
    Practice Area: Civil Procedure | Motor Vehicle Torts
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Michael Braun, (Law Office of Michael R. Braun), Marietta, for appellant.
    for defendant: Calanit Hayes, Rakhi McNeill, (Attorney at Law), Atlanta, William Myers, (Myers & Stroberg), Gainesville, Jason Stewart, (Dennis, Corry, Smith, & Dixon LLP), Atlanta, for appellee.
    Case Number: A20A1736

    Court affirms jury verdict for defendants in motor vehicle collision case over defendant's arguments that two defendants should not be considered separate entities

  • Jhun et al. v. Imagine Castle, LLC et al.

    Publication Date: 2021-03-30
    Practice Area: Dispute Resolution
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jon David Huffman, (Poole Huffman, LLC), Tucker, for appellant.
    for defendant: Imagine Castle, LLC et al., Alpharetta, Patricia Hughes, Alpharetta, Alfred Hughes, Alpharetta, for appellee.
    Case Number: A20A1724

    Court affirms order compelling arbitration of contract claims and staying other proceedings notwithstanding claims of enforceability of contract under public policy