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  • Wells Fargo Bank, NA v. American Builders and Contractors Supply Co., Inc. d/b/a ABC Supply Co., Inc.

    Publication Date: 2022-11-04
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Erin Howell, (Burr & Forman LLP), Atlanta, Benjamin Coulter, (Burr & Forman LLP), Birmingham, Kevin Stone, (Sugarman Law LLP), Atlanta, for appellant.
    for defendant: James Hays, (Hays Potter & Martin LLP), Peachtree Corners, for appellee; Brown Rooftops, LLC, Jackson, for other party.
    Case Number: A22A0793

    Court reverses denial of a motion to set aside a default judgment in a garnishment action where no answer to an amended pleading was required

  • Federal Express Corporation et al. v. Denney

    Publication Date: 2022-11-03
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jerry Buchanan, (Buchanan Law Firm, PC), Columbus, William Holley, Anne Baroody, (Parker, Hudson, Rainer & Dobbs LLP), Atlanta, Michael Sansbury, (Spotswood Sansom & Sansbury, LLC), Birmingham, for appellant.
    for defendant: Dustin Brown, (Crawford & Brown Law Firm LLP), Columbus, Jefferson Callier, (The Callier Firm), Columbus, John Clark, Michael Smith, Richard Sizemore, (Clark & Smith Law Firm, LLC), Macon, Jason Crawford, (Crawford & Brown Law Firm LLP), Columbus, for appellee.
    Case Number: A22A0763

    Trial court erred when it set aside a default judgment as to only one of three defendants in a vehicle accident case where judgment was unapportioned

  • Dannenfelser v. Squires et al.

    Publication Date: 2022-11-01
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Denise Weiner, Samuel Sykes, Austin Atkinson, (Hall Booth Smith, P.C.), Atlanta, for appellant.
    for defendant: Laura Vickery, (Vickery Benesh Law, P.C.), Atlanta, or appellee; Alexandra Higgins, (Attorney at Law), Peachtree Corners, Janie Hagood, (Swift Currie), Atlanta, for other party.
    Case Number: A22A0936

    Court affirms denial of defendant's motion to dismiss a renewal action that was file five days after filing deadline where delay was inadvertent under an e-filing system

  • Anderson v. Jones

    Publication Date: 2022-10-26
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Britton White, G. White, (Brennan, Harris & Rominger LLP), Savannah, for appellant.
    for defendant: Patricia B. Justin Jones, (Justin T. Jones, PC), Savannah, for appellee.
    Case Number: A22A0812

    Court reverses denial of a motion to enforce a settlement agreement in an auto accident case, finding that the plaintiff's acceptance requirements were improper

  • IMC Construction Company, Inc. v. Mitchell

    Publication Date: 2022-10-25
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: James Budd, Jon Stewart, (Mabry & McClelland, LLP), Atlanta, for appellant.
    for defendant: Catherine Gibson, (The Gibson Law Firm, LLC), Atlanta, for appellee; John Makowski, (Makowski Law Firm), Bolingbroke, Philip Savrin, (Freeman Mathis & Gary), Atlanta for other party.
    Case Number: A22A0995

    Court reverses denial of defendant's motion to set aside a default against it Because plaintiff had not properly served defendant in a negligent construction lawsuit

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    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri

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  • Goterba et al. v. Pursifull et al.

    Publication Date: 2022-10-24
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Joseph King, (Joseph H. King, Jr. P.C.), Atlanta, for appellant.
    for defendant: Michael Bailey, (Huff, Powell & Bailey, LLC), Atlanta, Pythias Temesgen, (Huff Powell Bailey LLC), Columbus, for appellee.
    Case Number: A22A0817

    Court vacates order dismissing a renewal complaint that it was filed after expiration of the statute of repose

  • Winn v. Vitesco Technologies GMBH

    Publication Date: 2022-10-20
    Practice Area: Civil Procedure | Products Liability
    Industry: Automotive | Consumer Products | Manufacturing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: David Bessho, (Cozen and O’Connor), Atlanta, Maria Ermakova, (Cozen and O’Connor), New York, for appellant.
    for defendant: Christopher Anulewicz, (Balch & Bingham LLP), Atlanta, Christopher Neill, (Fields Howell LLP), Atlanta, Douglas Horelick, Eric Ruben, (Clyde & Co US LLP), Miami, for appellee; Andrew Beal, Milinda Brown, (Buckley Beal LLP), Atlanta, for other party.
    Case Number: A22A0726

    German Auto Parts Manufacturer Did Not Purposefully Avail Itself of Georgia Laws

  • Lee v. Smith

    Publication Date: 2022-10-18
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: David Atkinson, Bradley Wolff, Sarah Daley, (Swift Currie McGhee & Hiers, LLP), Atlanta, for appellant.
    for defendant: Matthew Alford, Nathan Cronic, (Willis McKenzie LLP), LaGrange, for appellee.
    Case Number: A22A1023

    Court affirms exclusion of late-identified rebuttal witness in a car accident and injury case, and dismisses as moot a defendant's challenge to a cash bond requirement

  • Premier Pediatric Providers, LLC v. Kennesaw Pediatrics, P. C.

    Publication Date: 2022-10-17
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Frederick Ferrand, Roger Harris, (Swift, Currie, McGhee & Hiers), Atlanta, for appellant.
    for defendant: David Michell, James Sherman, (Stanley, Esrey & Buckley, LLP), Atlanta, for appellee.
    Case Number: A22A0857

    Court reverses denial of a motion to dismiss an appeal and finds because appellant's failure to timely file a transcript was unreasonable and inexcusable

  • Doe v. Saint Joseph's Catholic Church et al.

    Publication Date: 2022-10-14
    Practice Area: Civil Procedure
    Industry: Non-Profit
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Darren Penn, Alexandra Cole, (Penn Law LLC), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, Jane Vincent, (Attorney at Law), Atlanta, for appellant.
    for defendant: Edward Wasmuth, (Smith, Gambrell & Russell), Atlanta, for appellee; Emily Hetherington, (Georgia Law Center), Atlanta, Melina Lewis, (Georgia Legal Services Program), Athens, for AM.
    Case Number: A20A0784

    Court reverses dismissal of sexual abuse claims against a Church because plaintiff may be able to show facts to justify tolling of the limitations under OCGA §9-3-96