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  • Williams v. Jamont et al.

    Publication Date: 2022-04-21
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Sonja Williams, (ShockTheory DLV, Inc.), Alpharetta, for appellant.
    for defendant: Matthew Carlton, (Carlton Law, LLC), Decatur, Brian Jenabzadeh, (Attorney at Law), Alpharetta, for appellee.
    Case Number: A22A0219

    Court affirms summary judgment for defendants in a consolidated breach of contract and dispossessory action based on plaintiff's deemed admissions of requests to admit

  • McInerney v. McInerney

    Publication Date: 2022-04-13
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Kenneth Paul Johnson, Elizabeth Esther Berenguer, (Johnson, Kraeuter & Dunn, LLC), Savannah, for appellant.
    for defendant: Andrew McLean Wilkes, William C Phillips, (Oliver Maner, LLP), Savannah, for appellee.
    Case Number: S21A1068

    Superior Courts Can Transfer or Dismiss Divorce Cases Under Doctrine of Forum Non Conveniens

  • Willis v. Cheeley

    Publication Date: 2022-04-13
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Craig Frankel, Adam Gaslowitz, Luke Caselman, (Gaslowitz Frankel LLC), Atlanta, for appellant.
    for defendant: Walter Hamberg, (The Hamberg Law Firm LLC), Atlanta, for appellee.
    Case Number: A21A1730

    Action Not Justiciable Where Resolution of Dispute Would Have No Legal Effect on Parties' Conduct

  • Bethune v. Bethune

    Publication Date: 2022-04-08
    Practice Area: Civil Procedure | Trusts and Estates
    Industry: Financial Services and Banking | Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Dwight Feemster, (Duffy & Feemster, LLC), Savannah, for appellant.
    for defendant: James Gerard, Robert Lingle, (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A21A1659

    Banking Records Predating Effective Date of Power Attorney Were Relevant In Action Challenging Agent's Conduct

  • Glass et al. v. Faircloth et al.

    Publication Date: 2022-04-06
    Practice Area: Attorney Compensation | Civil Appeals | Civil Procedure
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Letitia McDonald, Lohr Beck-Kemp, Peter Diaz, (King & Spalding), Atlanta, Robert Reeves, Thomas Tate, Jaletta Smith, (Andersen, Tate & Carr, P.C.), Duluth, for appellant.
    for defendant: Julie Jacobs, William Banks, Christopher Carr, (Deputy Attorney General), Atlanta, Gerald Davidson, (Mahaffey Pickens Tucker, LLP), Lawrenceville, Ann Ferebee, Jennifer Odom, (Bryan Cave LLP), Atlanta, James Manley, Jill Kuhn, (Troutman Sanders LLP), Atlanta, Whitney Groff, (Georgia Office of the Attorney General), Atlanta, William Withrow, Kathleen Campbell, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Nicholas Bedo, (Bryan Cave Leighton Paisner LLP), Atlanta, for appellee.
    Case Number: A21A1737

    Order Directing Trust to Pay Trustee's Legal Fees Was Directly Appealable as Mandatory Interlocutory Injunction

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Stillwell v. Topa Insurance Company

    Publication Date: 2022-04-05
    Practice Area: Civil Procedure | Insurance Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Frederick Burkey, (The Burkey Law Firm, P.C.), Atlanta, Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Seth Friedman, Ronald Masterson, Victoria Munian, (Lewis Brisbois Bisgaard & Smith), Atlanta, for appellee; Kevin Branch, (McMickle, Kurey & Branch LLP), Alpharetta, Kenneth Barre, (Downey & Cleveland, LLP), Marietta, for other party.
    Case Number: A21A1752

    Plaintiff Had Standing to Sue Insurer Where Trial Court Had Subject Matter Jurisdiction Over Issues Presented in Complaint.

  • Dunwoody Obstetrics And Gynecology, P. C., et al. v. Franklin et al.

    Publication Date: 2022-04-01
    Practice Area: Civil Procedure | Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: David Hanson, (Weathington LLC), Atlanta, for appellant.
    for defendant: Anna Cross, (The Cross Firm LLC), Decatur, J. Howard, Geoffrey Pope, (Pope & Howard, PC), Atlanta, Darren Summerville, (The Summerville Firm, LLC), Atlanta, for appellee.
    Case Number: A21A1691

    Excluding Critical Defense Evidence as Discovery Sanction Following Last-Minute Disclosure Not Abuse of Discretion

  • Daniel v. Daniel

    Publication Date: 2022-03-29
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Samuel Rusbridge, (Dyer & Rusbridge, P.C.), Canton, for appellant.
    for defendant: John Burns, (Burns Law Group, PC), Canton, for appellee.
    Case Number: A22A0164

    Contempt Cannot Be Used as Punishment For Failure to Pay Court Order to Pay Money Damages

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

    Publication Date: 2022-03-25
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: Michael Brian Terry, Jane D. Vincent, (Bondurant Mixson & Elmore, LLP), Atlanta, Darren Wade Penn, Alexandra "Sachi" Cole, (Penn Law LLC), Atlanta, for appellant.
    for defendant: Edward H. Wasmuth, Jr., (Smith, Gambrell & Russell, LLP), Atlanta, for appellee; Melina Danielle Lewis, (University of Georgia School of Law), Athens, Emily M. Hetherington, (Wilbanks Cease Clinic), Athens, for Amicus Appellant.
    Case Number: S21G0549

    Trial Court Erred in Concluding Plaintiff Could Not Present Evidence Sufficient to Toll Running of Time to Sue Church

  • Junior v. Graham

    Publication Date: 2022-03-25
    Practice Area: Attorney Compensation | Civil Procedure
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Ben C. Brodhead, III, Ashley Brooke Fournet, John Wesley Ingram Nichols, (Brodhead Law, LLC), Atlanta, Michael Brian Terry, Michael Brandon Jones, (Bondurant Mixson & Elmore, LLP), Atlanta, for appellant.
    for defendant: Laurie Webb Daniel, Matthew D. Friedlander, (Holland & Knight, LLP), Atlanta, for appellee; Joseph Robb Cruser, Raymond Russell Grant, II, (Cruser & Mitchell, LLP), Norcross, for Other Party.
    Case Number: S21G0578

    Post-Trial Attorney Fee Award For Litigation Expenses Did Not Preclude Separate Award For Failure to Accept Settlement Offer