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  • Villalobos v. Atlanta Motorsports Sales, LLC

    Publication Date: 2020-07-02
    Practice Area: Contracts
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: T. Flinn, (SAAG), Carrollton, for appellant.
    for defendant: Nicolas Bohorquez, (Williams Teusink, LLC), Decatur, for appellee.
    Case Number: A20A0645

    Court affirms dismissal of vehicle purchaser's claims for fraud, finding that those claims were precluded by a merger clause, but reverses dismissal of his claim for revocation.

  • Lopez v. The State

    Publication Date: 2020-07-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Brian Huffman, (The Huffman Law Firm), Savannah, for appellant.
    for defendant: Margaret Heap, Katie Fite-Magyar, (Chatham County District Attorney's Office), Savannah, for appellee.
    Case Number: A20A0425

    Court affirms family violence battery convictions over defendant's evidentiary challenges but remands for resentencing due to trial court merger error

  • Denhardt v. Sparks

    Publication Date: 2020-07-01
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Tynesha Walls, (Rhodes Walls Law Office, LLC), Snellville, Eddie Denhardt, Atlanta, for appellant.
    for defendant: Allison Jett, (Jett Law Group, LLC), Atlanta, for appellee.
    Case Number: A20A0482

    Court affirms dismissal of the holder of a judgment lien's claim to excess funds from a real estate tax sale because he had no interest in the underlying parcel of real estate

  • LFR Investments, LLC et al. v. Van Sant

    Publication Date: 2020-06-11
    Practice Area: Contracts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Larry Oldham, (Larry C. Oldham, P.C.), Cumming, for appellant.
    for defendant: G. Beggs, Lesley Rowe, (Moore Ingram Johnson & Steele, LLP), Marietta, for appellee.
    Case Number: A20A0142

    Court affirms partial summary judgment grant in favor of house purchaser because the builder that sought to enforce a contract was not properly licensed

  • Bell et al. v. Freeport Title & Guaranty, Inc., as Trustee of The Flat Shoals Townhouse Development Trust

    Publication Date: 2020-06-11
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Brandon Arnold, (Weissman PC), Atlanta, for appellant.
    for defendant: John Clark, Tahra Porterfield, (Clark Caskey, LLC), Atlanta, for appellee.
    Case Number: A20A0133

    Court affirms summary judgment motion to quiets title to a parcel that reverted to an original grantor before another party filed a foreclosure action

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Belt Power, LLC et al. v. Reed et al.

    Publication Date: 2020-04-24
    Practice Area: Employment Litigation
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Benjamin Fox, Benjamin Thorpe, (Bondurant Mixson & Elmore, LLP), Atlanta, for appellant.
    for defendant: David Roberts, (The Roberts Firm, P.C.), Atlanta, Thomas Cox, (MendenFreiman LLP), Atlanta, Brian Abrams, (Hall, Arbery, Gilligan, Roberts & Shanlever LLP), Atlanta, for appellee.
    Case Number: A19A1824

    Court affirms order declaring post-employment restrictive covenants to be void and unenforceable

  • Ouanzin et al. v. Coast Dental Services, Inc., et al.

    Publication Date: 2020-04-20
    Practice Area: Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Steven Beard, (Steven L. Beard, PC), Atlanta, Keith Bodoh, (Robertson, Bodoh & Nasrallah, LLP), Marietta, Charles Cork, (Attorney at Law), Decatur, for appellant.
    for defendant: John Autry, Matthew Coles, (Coles Barton LLP), Lawrenceville, Heather Ware, Heather Ware, Annalese Herndon, (Hall Booth Smith, P.C.), Atlanta, Frederick Gleaton, Laura Strong, (Owen Gleaton Egan Jones & Sweeney LLP), Atlanta, Thomas Broadwater, (Attorney at Law), Aiken, for appellee.
    Case Number: A19A1691

    In Dental Malpractice Case, Trial Court Erred by Granting Dentist Defendants' Motion for a Directed Verdict; A Jury Could Have Determined Whether Doctor Complied With Standard of Care

  • Milani v. Irwin et al.

    Publication Date: 2020-04-20
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Mark Adelman, (Mark Adelman, Attorney At Law, LLC), Savannah, for appellant.
    for defendant: Donald Stack, Tyler Sniff, (Stack & Associates, P.C.), Atlanta, for appellee. John Jones, (Assistant County Attorney), Decatur, for other party.
    Case Number: A19A1981

    Court affirms decision granting a motion to sustain a writ of certiorari over challenges to a land development and tree replanting order

  • Mullinax et al v. Pilgrim's Pride Corporation

    Publication Date: 2020-04-17
    Practice Area: Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Anna Cross, Darren Summerville, Maxwell Thelen, (The Summerville Firm, LLC), Atlanta, Peter Law Elizabeth Rose, (Law & Moran), Atlanta, for appellant.
    for defendant: Jason Darneille, John Wooten, (Gower Wooten & Darneille, LLC), Atlanta, for appellee. Derek Mendicino, (Penna & Mendicino), Conyers, Jacob Daly, (Freeman, Mathis & Gary, LLP), Atlanta, for other party.
    Case Number: A19A1899

    Court affirms summary judgment as to one defendant but reverses as to two other defendants in a wrongful death case

  • Holcomb Investments Limited v. Keith Hardware, Inc. et al.

    Publication Date: 2020-04-16
    Practice Area: Business Torts | Toxic Torts
    Industry: Real Estate | Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Nicholas Protentis, (Protentis Law LLC), Atlanta, Eric Miller, (Miller Bonham LLP), Atlanta, for appellant.
    for defendant: Jason Darneille, (Gower Wooten & Darneille, LLC), Atlanta, John Hal, David Williams, (Hall Booth Smith, P.C.), Atlanta, for appellee.
    Case Number: A19A2422

    Triable Issue as to Whether Store Employee Should Have Taken Precautions Upon Noticing "god awful" Chemical Smell