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  • Georgia CVS Pharmacy, LLC v. Carmichael

    Publication Date: 2021-12-01
    Practice Area: Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Laurie Daniel, Matthew Friedlander, (Holland & Knight, LLP), Atlanta, for appellant.
    for defendant: Naveen Ramachandrappa, Michael Terry, (Bondurant, Mixson & Elmore LLP), Atlanta, Peter Law, Brian Kaplan, (Law & Moran), Atlanta, Brian Trulock, Carrie Moss, (Bendin Sumrall & Ladner, LLC), Atlanta, James Rice, (James A. Rice, Jr., P.C.), Atlanta, for appellee.
    Case Number: A21A0677

    Court affirms $42,750,000 jury verdict in a premises liability action where the plaintiff was shot in the defendant's parking lot that was known to be unsafe

  • Smithwick v. Campbell

    Publication Date: 2021-11-11
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Anna Cross, Darren Summerville, (The Summerville Firm, LLC), Atlanta, Robert Hammers, (Attorney at Law), Atlanta, for appellant.
    for defendant: Michael Kendall, Matthew Howard, (Kendall Law Group, LLC), Douglasville, for appellee.
    Case Number: A21A0733

    Court affirms denial of a motion for judgment notwithstanding the verdict in an auto collision case where defendant was found not liable due to sudden emergency defense

  • Starks et al. v. USG Real Estate Foundation III, LLC

    Publication Date: 2021-11-08
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, Samuel Starks, Shean Williams, (The Cochran Firm), Atlanta, for appellant.
    for defendant: Brian Smith, (Attorney at Law), Gainesville, for appellee.
    Case Number: A21A0950

    Court affirms summary judgment in favor of out-of-possession landlord on plaintiffs' claims for negligence and nuisance related to a shooting death of their son

  • Alexander Law Firm, P.C. v. Richburg

    Publication Date: 2021-11-05
    Practice Area: Fee Disputes
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Herald Alexander, (Alexander Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Mark Trigg, Sarah Trevino, (Dentons US LLP), Atlanta, for appellee.
    Case Number: A21A0823

    Court affirms denial of lawyer's motion for judgment notwithstanding the verdict where jury found in favor of a former client and against the lawyer

  • Ochoa et al. v. Coldwater Creek Homeowners Association, Inc.

    Publication Date: 2021-10-25
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: William Arroyo, (William H. Arroyo & Associates), Tucker, for appellant.
    for defendant: Jason Voyles, (Hulsey, Oliver & Mahar, LLP), Gainesville, for appellee.
    Case Number: A21A0914

    Court affirms summary judgment in favor of a property owners' association regarding covenant violations but reverses as to the amount of the Association's recovery

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  • McClain v. Carrollton Police Department

    Publication Date: 2021-09-28
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Timothy McClain, Carrollton, for appellant.
    for defendant: Joseph Smith, (Smith Conerly LLP), Carrollton, for appellee.
    Case Number: A21A1000

    Court affirms dismissal of plaintiff's civil suit against a municipal police department because the department is not a legal entity that is capable of being sued.

  • Flanders v. The State

    Publication Date: 2021-09-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Martha Hall, (Hall & Navarro, LLC), Statesboro, Robert Persse, Savannah, for appellant.
    for defendant: Richard Mallard, Keith McIntyre, Daphne Totten, Benjamin Edwards, (Chief Assistant District Attorney One Courtland Street), Stateboro, for Appellee.
    Case Number: A19A0908

    Court vacates trial court's denial of a defendant's Brady claim, which was denied on jurisdictional grounds, and remands for determination of that claim

  • Alden v. Yarborough

    Publication Date: 2021-09-03
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Christine Alden, St. Marys, for Appellant.
    for defendant: Dale Yarborough, St. Marys, for Appellee.
    Case Number: A21A0678

    Court vacates superior court order that relinquished jurisdiction in a child custody case to an out-of-state court and remands for further proceedings

  • Hutcheson v. The State

    Publication Date: 2021-08-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Susan Raymond, (Hogue & Hogue (of Counsel)), Macon, Laura Hogue, (Attorney at Law), Macon, for appellant.
    for defendant: Anita Howard, Shelley Milton, (Macon Judicial Circuit District Attorney's Office Office of the District Attorney Macon Judicial Circuit), Macon, for appellee.
    Case Number: A21A1015

    Statements Made by Church Youth Leader in Response to Pastor's Inquiries Regarding Sex Abuse Allegations Were Not Privileged

  • WS CE Resort Owner, LLC v. Holland et al.

    Publication Date: 2021-08-13
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: John Sullivan, (Burr & Forman, LLP), Atlanta, Julie Sellers, (Dillard Sellers LLC), Atlanta, Kevin Stone, (Freeman Mathis & Gary, LLP), Atlanta, for appellant.
    for defendant: Jeffrey Haymore, Julie Sellers, Randolph Russell, (Dillard Sellers LLC), Atlanta, John Stell, (Stell, Smith & Mattison, P.C.), Winder, for Appellee.
    Case Number: A21A0329

    Court affirms implied easement in favor of property owners who purchased lots in reliance on construction of an adjacent golf course