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  • Goldstein, Garber & Salama, LLC v. J. B.

    Publication Date: 2018-01-10
    Practice Area: Civil Appeals | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: H. Young, Matthew Barr (Hawkins Parnell Thackston & Young LLP), Atlanta; Jonathan Freiman, Tadhg Dooley (Wiggin and Dana LLP), New Haven, for appellant.
    for defendant: Jennifer Jordan, for appellee.
    Case Number: A15A1491

    The trial court erred in denying defendant dental clinic's motions for directed verdict on plaintiff patient's negligence per se and professional negligence claims arising after a certified registered nurse anesthetist molested her while she was sedated for a dental procedure.

  • Schumacher et al. v. City Of Roswell et al.

    Publication Date: 2018-01-05
    Practice Area: Civil Appeals | Land Use and Planning
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: John Monroe (Attorney at Law), Roswell, for appellant.
    for defendant: Coleen Hosack (Attorney at Law), Forest Park; Dana Maine (Freeman Mathis & Gary), Atlanta, for appellee.
    Case Number: A16A0582

    The trial court properly dismissed plaintiffs' procedural due process claims in their action challenging City's approval of a new zoning ordinance and map that rezoned their respective properties because Georgias Zoning Procedures Law provided plaintiffs with an adequate state remedy to cure alleged procedural irregularities in Citys adoption of the new zoning ordinance.

  • Edokpolor et al. v. Grady Memorial Hospital Corporation

    Publication Date: 2017-12-26
    Practice Area: Civil Appeals | Civil Procedure
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Joseph H. King, Jr. (Joseph H. King, Jr., P.C.), Atlanta, for appellant.
    for defendant: LaTisha Dear Jackson, Jeffrey Emery Tompkins, Gerond Jullian Lawrence (Thomas Kennedy Sampson & Tompkins LLP), Atlanta, for appellee.
    Case Number: S17G0429

    The Court of Appeals erred in holding that a judgment that resolves all of the issues in a case except the amount to be awarded for the expenses of service of process under O.C.G.A. § 9-11-4 (d) is a final judgment.

  • Diversified Holdings, LLP v. City of Suwanee

    Publication Date: 2017-12-07
    Practice Area: Administrative Law | Civil Appeals | Land Use and Planning
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Matthew Parks Benson (Mahaffey Pickens Tucker, LLP), Lawrenceville, for appellant.
    for defendant: Richard A. Carothers, Amy Bryant Cowan, Thomas Monroe Mitchell (Carothers & Mitchell, LLC), Buford, for appellee.
    Case Number: S17A1140

    The trial court properly affirmed a local zoning boards denial of landowner's application to rezone certain property, finding that the denial was not arbitrary or capricious because the propertys current zoning was substantially related to the publics health, safety, morality and welfare.

  • Jones et al. v. Peach Trader Inc., et al.

    Publication Date: 2017-11-29
    Practice Area: Civil Appeals
    Industry: Distribution and Wholesale
    Court: State Court
    Judge: Justice Grant
    Attorneys: For plaintiff: David A. Powell (Law Office of David A. Powell), Gainesville, for appellant.
    for defendant: Teresa E. Adams (Adams Law LLC), Atlanta, for appellee.
    Case Number: S17A1314

    The Georgia Supreme Court vacated the trial courts order dismissing defendants' initial notice of appeal from an order modifying an existing interlocutory injunction and dismissed the appeal because an order modifying or dissolving an interlocutory injunction is not subject to direct appeal under O.C.G.A. § 5-6-34 subsection(a) (4).

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  • Smith v. McTaggart

    Publication Date: 2017-11-01
    Practice Area: Civil Appeals
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Brenda Gardner (The Gardner Law Firm), Atlanta, for appellant.
    for defendant: Nazish Ahmed (Ahmed Law Group), Lagrange, for appellee. Newton County Department of Family and Children Services, Covington, for other party.
    Case Number: A17A0701

    Appellant failed to file a timely notice of appeal from a final order in child custody proceedings; consequently, the Court did not have jurisdiction over his case and dismissed the appeal.

  • Shuman v. The State

    Publication Date: 2017-10-27
    Practice Area: Civil Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Ernest Byrd Shuman, Nicholls, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Robert Ray Auman, Bradfield M. Shealy, Michelle Thomas Harrison (Southern Judicial Circuit District Attorney's Office), Thomasville, for appellee.
    Case Number: S17A1229

    The trial court properly denied defendant's motion for an out-of-time appeal from his 1990 murder convictions because he failed to allege that ineffective assistance by his plea counsel was the reason that he had not filed a timely appeal.

  • Deloney v. The State

    Publication Date: 2017-10-23
    Practice Area: Civil Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Danny E. Deloney, Valdosta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Vanessa Therese Meyerhoefer (Department of Law), Atlanta; Anna Green Cross, Sherry Boston (DeKalb County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A0700

    Defendant was not entitled to an out-of-time appeal following his guilty plea to the felony murder of his 6-year-old daughter and numerous other crimes and the trial court was thus not required to hold an evidentiary hearing on his motion.

  • Rebel Auction Co., Inc. v. The Citizens Bank

    Publication Date: 2017-10-19
    Practice Area: Civil Appeals | Evidence | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: John Smith (Young Thagard Hoffman, Smith & Lawrence), Valdosta, for appellant.
    for defendant: Markie Perry (Cowart & Perry, LLP), Valdosta; Clifford Kirbo (The Kirbo Law Firm), Moultrie, for appellee.
    Case Number: A17A0938

    The trial court erred in granting bank's motion for summary judgment but properly denied defendant's motion for summary judgment in a suit arising out a default on two promissory notes.

  • Wal-Mart Stores East L. P. v. Benson

    Publication Date: 2017-10-19
    Practice Area: Civil Appeals | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Leslie Becknell, Michael Miller (Drew, Eckl & Farnham, LLP), Atlanta, for appellant.
    for defendant: Dylan Hooper (Morgan & Morgan), Atlanta, for appellee.
    Case Number: A17A0880

    The trial court erred in denying summary judgment to store in plaintiff's slip and fall suit because there was no evidence that it had superior knowledge of any hazardous condition.