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  • CPI-Phipps Limited Liability Company v. Billboard Corporation et al.

    Publication Date: 2023-04-10
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Antony Sanacory, Zachary Hall, Dorothea Ille, (Hudson Lambert Parrott Walker, LLC), Atlanta, for appellant.
    for defendant: Simon Bloom, Adam Nugent, Sean Ryan, (Bloom Parham, LLP), Atlanta, for appellee.
    Case Number: A22A1285

    Court reverses summary judgment order in a commercial lease dispute and rules that circumstances do not show that landlord accepted tenant's surrender of the leased premises

  • Cardinale v. Westmoreland et al.

    Publication Date: 2023-04-07
    Practice Area: Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Matthew Cardinale, (Matthew Charles Esq. Inc.), Atlanta, for appellant.
    for defendant: Robert Ashe, Matthew Sellers, (Bondurant Mixson & Elmore), Atlanta, for appellee.
    Case Number: A22A1678

    Court affirms in part and denies in part a series of orders addressing a private citizen's lawsuit against a city council under the Open Records and Open Meetings Acts

  • A Crystal Enterprises, Ace, LLC v. The River West Condominium Association, Inc.

    Publication Date: 2023-04-06
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Theodore Lackland, (Lackland & Associates LLC), Marietta, for appellant.
    for defendant: David Fife, Rincon, (Attorney at Law), Atlanta, for appellee.
    Case Number: A22A1604

    Owner of Condomiums Offered No Evidence to Dispute Claims by Homeowners Association For Unpaid Assessments and Fees

  • NGM Insurance Company v. Abate

    Publication Date: 2023-04-06
    Practice Area: Contractual Disputes | Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Laurie Daniel, Atlanta, Davis Dunaway, (Hull Barrett, PC), Augusta, Teresa Lazzaroni, William Major, (Hawkins Parnell Thackston & Young LLP), Atlanta, for appellant.
    for defendant: John Bell, (The Bell Firm), Augusta, Pamela James, (Attorney at Law), Augusta, for appellee.
    Case Number: A22A1587

    Insurer's Assignment of Liability to Make Annuity Payments Was Not Void Based on Illusory Promise

  • Hall v. Acker

    Publication Date: 2023-04-04
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Candace Rodgers, (The Tolson Firm, LLC), Atlanta, Thomas Sampson, (Attorney at Law), Atlanta, for appellant.
    for defendant: Randall Farmer, (Attorney at Law), Marietta, Amelia Baker, (Senior Assistant Attorney General), Atlanta, for appellee.
    Case Number: A22A1309

    Court determines that a school security officer does not have official immunity to a student's claims for excessive force and other causes following a pepper-spray incident

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  • In the Interest of M. J. H., a Child

    Publication Date: 2023-03-24
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Carlos Solomiany, (Ross & Pines LLC), Atlanta, for appellant.
    for defendant: Christopher Carr, Shalen Nelson, (Attorney General), Atlanta, April Hall, Austell, Emily Harris, (Department of Law), Atlanta, for appellee.
    Case Number: A22A1385

    Court vacates order that would have sent a minor child back to Guatemala because the juvenile court considered facts that were not in the record in making that order

  • Miller v. Evans

    Publication Date: 2023-03-21
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Avery, (The Avery Firm LLC), Atlanta, for appellant.
    for defendant: William Richardson, Lynn Leonard and Associates), Atlanta for appellee.
    Case Number: A22A1490

    Court vacated denial of motion to withdraw a settlement that was based on a scrivener's error and remands case for application of proper equitable factors

  • Burch v. Marta et al.

    Publication Date: 2023-03-13
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Warren Smith, Brent McIntosh, (W. Calvin Smith, II, PC), Atlanta, for appellant.
    for defendant: Nicole Shockley, (Marta), Atlanta, for appellee.
    Case Number: A22A1655

    Court affirms denial of a motion to set aside a summary judgment order where service was made but recipient mistakenly did not see a summary judgment motion

  • In re Estate of Jenkins

    Publication Date: 2023-03-08
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Lori Christman, Louis Levenson, Christopher Williams, (Levenson & Associates), Atlanta, for appellant.
    for defendant: James Kendrick, (Hartley Rowe & Fowler, P.C.), Douglasville, for appellee; Angel White, Douglasville, Sherry Travis, St. Pete Beach, Clint Jenkins, Temple, Russell Jenkins, Temple, for other party.
    Case Number: A22A1713

    Court affirms rejection of disabled adult's spouse as his guardian but remands for trial court to issue findings and conclusions for appointing his son in that role

  • Empire South Realty Advisors, LLC et al. v. Younan

    Publication Date: 2023-02-17
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Darrell Thaw, Andrew Ruberti, (Connell, Thaw & Ruberti, LLC), St. Simons Island, for appellant.
    for defendant: Adam Craft, (McGee & Craft PC), Waycross, for appellee.
    Case Number: A22A1256

    Court affirms dismissal of libel claim, which was an unactionable statement of opinion, but reverses dismissal of claims for slander, emotional distress, and defamation