• 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

  • 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

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  • 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

  • Lynn v. Lowndes County Health Services, LLC

    Publication Date: 2020-04-15
    Practice Area: Dispute Resolution | Government | Medical Malpractice
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Christopher Connor, (Connor & Connor LLC), Augusta, Kenneth Connor, Anne Moore, (Connor & Connor LLC), Aiken, Scott Gwartney, (Brooks Leboeuf Foster Gwartney Leace & Hobbs), Tallahassee, for appellant.
    for defendant: Alphonso Howell, Gregory Talley, (Coleman Talley LLP), Valdosta, for appellee.

    Case Number: A19A2057

    Parent Lacked Authority to Enter Into Arbitration Agreement on Behalf of Her Disabled Son

  • Phillips v. The State

    Publication Date: 2020-04-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: David Walker, (Office of the Appellate Defender), Macon, for appellant.
    for defendant: Jacquelyn Johnson, Thomas Buscemi, (District Attorney's Office, Brunswick Judicial Circuit), Brunswick, for appellee.

    Case Number: A19A2458

    Court Reverses Convictions Absent Evidence That Act of Indecency or Child Molestation Was Intended Motivation Behind Defendant's Attempts to Entice Victims Into Vehicle

  • Nix v. The State

    Publication Date: 2020-03-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Howard Anderson, (Law Office of Howard W. Anderson, III, LLC), Pendleton, for appellant.
    for defendant: George Christian, (District Attorney's Office), Clayton, Meredith Davis, (Habersham County District Attorney's Office), Clarkesville, for appellee.

    Case Number: A19A2377

    Evidence Supported Child Molestation Convictions; Jury Could Reasonably Find That Defendant Possessed Flash Drive Containing Child Porn

  • Rouse v. City of Atlanta

    Publication Date: 2020-03-06
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: James Blum, (Blum & Campbell, LLC), Peachtree Corners, for appellant.
    for defendant: Jason Wright, Donavan Eason, (Lewis Brisbois Bisgaard & Smith, LLP), Atlanta, for appellee.

    Case Number: A19A1737

    Court reverses summary judgment motion that had been entered in the City's favor on a land devaluation claim over a submerged sewage pipe.