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  • Phelps v. Phelps

    Publication Date: 2023-11-28
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Patricia Shewmaker, (Shewmaker & Lewis, LLC), Peachtree Corners, for appellant.
    for defendant: Beverly Cohen, (Attorney at Law), Roswell, Stephen Sikes, (Law Offices of Scot Sikes), Columbus, for appellee.
    Case Number: A23A0646

    Court vacates and remands declaratory judgment that modified an original decree in a divorce case over division of military retirement

  • Morgan County Hospital Authority v. City of Madison

    Publication Date: 2023-11-27
    Practice Area: Government | Health Care Law | Real Estate
    Industry: Health Care | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Kirk Fjelstul, Kathryn Zickert, (Smith, Gambrell & Russell LLC), Atlanta, for appellant.
    for defendant: James Carter, (James E. Carter Law Firm, LLC), Athens, Frank Jenkins, (Jenkins, Bowen & Walker, P.C.), Cartersville, for appellee.
    Case Number: A23A0795

    Proposed Drug Treatment Facility Would Be Continuation of Long-Time Hospital Use Already Occurring in City Location

  • Martin v. The State

    Publication Date: 2023-11-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Frances Kuo, Atlanta, for appellant.
    for defendant: Mike Carlson, Fani Willis, (Office of the Fulton County District Attorney, Atlanta Judicial Circuit), Atlanta, Kevin Armstrong, (Office of the District Attorney), Atlanta, Elizabeth Rosenwasser, (Department of Law), Atlanta, for appellee.
    Case Number: A23A0906

    Court affirms denial of defendant's convictions for rape, child abuse, and other crimes over his contentions of ineffective assistance of counsel, improper admission of evidence, and jury instruction error

  • Ovation Condominium Association, Inc. v. Cox

    Publication Date: 2023-11-14
    Practice Area: Premises Liability | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Samantha Mandell, Michael Kendall, (Kendall Mandell LLC), Douglasville, for appellant.
    for defendant: William Downs, Benjamin Baker, (Downs Law, LLC), Atlanta, for appellee.
    Case Number: A23A0933

    Trial Court Erred in Ruling on Summary Judgment Motion Without Conducting Necessary Daubert Analysis

  • Gonzalez et al. v. Jones

    Publication Date: 2023-10-31
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jamie Cox, (Georgia Injury Attorneys), Atlanta, for appellant.
    for defendant: Russell Davis, Tyler Adams, (Downey & Cleveland, LLP), Newnan, Laura Golden, (Downey & Cleveland, LLP), Atlanta, Amy Harper, Marietta, for appellee.
    Case Number: A23A0689

    Court vacates dismissal of car accident personal injury case and remands for consideration of adding another defendant under OCGA § 9-11-15 (c) even though after statute of limitations had expired.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • The State v. Black

    Publication Date: 2023-10-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Susan Treadaway, (Chief Assistant District Attorney), Marietta, Cliff Head, Alana Driscoll, Kelly Nugent-Chavis, (Cherokee County District Attorney's Office), Canton, for appellant.
    for defendant: Lawrence Zimmerman, (Attorney at Law), Atlanta, Matthew Winchester, (Law Offices of Matthew K. Winchester), Atlanta, for appellee.
    Case Number: A23A0939

    Court reverses evidence suppression order to the extent it had limited admission of evidence seized from warranted search of a cell phone to communications between a defendant and a rape victim

  • Pineda v. Lewis et al.

    Publication Date: 2023-10-26
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Husser, (Husser & Husser, P.C.), Rome, for appellant.
    for defendant: Melissa Hise, (Palmour Law Firm), Summerville, Albert Palmour, (Attorney at Law), Summerville, Albert Palmour, Summerville, for appellee.
    Case Number: A23A0909

    Court reverses probate court's grant of private way because party seeking that right did not establish a prescriptive right but only a historical permissive use of a shared driveway

  • Shingler v. Georgia Farm Bureau Mutual Insurance Company

    Publication Date: 2023-09-29
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: James King, (The King Firm), Tifton, for appellant.
    for defendant: Amanda Morris, Duke Groover, William Horkan, Holden Burford, (James Bates Brannan Groover LLP), Macon, for appellee.
    Case Number: A23A0672

    Court affirms summary judgment in favor of an insurer because insured party had filed his lawsuit after the limitation period established in an endorsement to the policy

  • Luna-Galacia v. The State

    Publication Date: 2023-09-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Rafe Banks, (Banks, Stubbs & McFarland, LLP), Cumming, for appellant.
    for defendant: William Finch, Jenna Murphy, (Forsyth County Solicitor General), Cumming, for appellee.
    Case Number: A23A0768

    Court affirms conviction for driving under the influence over defendant's contention that he did not knowingly and intelligently consent to a breath test

  • Unique Auto Sales, LLC et al. v. Dunwody Insurance Agency et al.

    Publication Date: 2023-09-06
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Reuben Akin, (Attorney at Law), Macon, Charles Cork, (Attorney at Law), Decatur, for appellant.
    for defendant: Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, Ernest Satterfield, Thomas Haswell, (Hall Booth Smith, P.C.), Atlanta, for appellee; Kenneth Jones, (Five Star Automotive), Atlanta, other party.
    Case Number: A23A0697

    Court affirms summary judgment that an insurer was not liable for an insured party's losses due to plain language of exclusions in a policy