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  • Matta-Troncoso et al. v. Tyner

    Publication Date: 2017-10-19
    Practice Area: Civil Appeals | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Bruce Millar (Millar & Mixon, LLC), Jonesboro; James Sullivan (Attorney at Law), Jonesboro, for appellant.
    for defendant: Michael Kendall, Kimberly Mowbray (Kendall Law Group, LLC), Douglasville, for appellee. Michael D. Thornton, Lakeisha L. Thornton, Stockbridge, for other party.
    Case Number: A17A0734

    The trial court misconstrued the applicable law in granting a landlord's motion for summary judgment in plaintiffs' lawsuit arising after the tenants' dogs escaped from a yard due to a broken gate latch and attacked plaintiff because plaintiffs produced evidence of a violation of a county ordinance that required dogs to be at heel or on a leash and plaintiffs, therefore, were not required to produce evidence of the dogs' vicious propensity.

  • Georgia Department Of Public Safety v. Johnson

    Publication Date: 2017-10-17
    Practice Area: Civil Appeals
    Industry:
    Court: Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Robert Bunner (Assistant Attorney General), Atlanta; Matthew Dowling (State of Georgia Department of Law), Atlanta; Christopher Carr (Attorney General), Atlanta; Kathleen Pacious (Deputy Attorney General), Atlanta; Loretta Pinkston-Pope (Senior Assistant Attorney General), Atlanta, for appellant.
    for defendant: John Spurlin (Spurlin & McCorvey), Tifton, for appellee.
    Case Number: A17A0958

    The trial court erred in deferring its ruling a motion to dismiss based on sovereign immunity until trial on the merits, because the factors controlling the trial court's exercise of discretion under O.C.G.A. 9-11-12 subsection (d) were clearly balanced in favor of prompt pre-trial determination of the motion.

  • Mayor and city council of the city of Richmond Hill et al. v. MAIA

    Publication Date: 2017-10-16
    Practice Area: Civil Appeals | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Donald Montgomery (Scheer Montgomery & Call), Savannah; Patrick O'Connor, Benjamin Perkins (Oliver Maner LLP), Savannah; Ray Smith (Attorney at Law), Richmond Hill, for appellant.
    for defendant: Billy Jones, Carl Varnedoe (Jones, Osteen & Jones), Hinesville, for appellee.
    Case Number: A15A2334

    Defendants were entitled to summary judgment on plaintiff's wrongful death claims arising from her 14-year-old daughter's suicide because plaintiff could not demonstrate proximate cause.

  • Anderson v. Laureano

    Publication Date: 2017-10-16
    Practice Area: Civil Appeals
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Kevin Adamson (Adamson & Cleveland, LLC), Norcross, for appellant.
    for defendant: Timothy Gardner (Gardner Trial Attorneys), Atlanta; April Robinson (Attorney At Law), Atlanta; Benjamin Levy (The Werner Law Firm), Atlanta, for appellee.
    Case Number: A17A0986

    The Court of Appeals dismissed appellant's appeal due to lack of jurisdiction based on appellant's failure to follow the discretionary appeal procedure.

  • Tyson et al. v. Scottsdale Indemnity Company

    Publication Date: 2017-10-13
    Practice Area: Civil Appeals | Insurance Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Brent Savage (Savage Turner & Pinckney PC), Savannah, for appellant.
    for defendant: Philip Savrin, Connor Bateman (Freeman Mathis & Gary, LLP), Atlanta; Walter Adams (Attorney at Law), Brunswick, for appellee.
    Case Number: A17A1824

    The trial court properly granted summary judgment to insurer in plaintiff's suit arising after he suffered serious injuries when he was hit by a tree limb while on the job, as the trial court did not err in ruling that the insurance policy excluded plaintiff from coverage.

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    Texas Legal Malpractice & Lawyer Discipline 2024

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • Reynolds v. CB&T

    Publication Date: 2017-10-12
    Practice Area: Civil Appeals | Real Estate | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Christopher Denison (Attorney at Law), Atlanta, for appellant.
    for defendant: Stephen Gunby (Page, Scrantom, Sprouse, Tucker & Ford, P C.), Columbus, for appellee.
    Case Number: A17A0891

    The trial court erred in granting summary judgment to bank on plaintiff's claims for wrongful foreclosure, breach of contract, intentional and grossly negligent infliction of emotional distress, unjust enrichment and promissory estoppel because there were genuine issues of material fact remaining.

  • Houston v. The State

    Publication Date: 2017-10-04
    Practice Area: Civil Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Thomas Houston, Waycross, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (Department of Law), Atlanta; Julia Anne Fessenden Slater, Matthew Jon Landreau (Chattahoochee Judicial Circuit District Attorney's), Columbus; Gary Drew Bergman, Charles Alan Spahos, Sheila Ann Ross (Prosecuting Attorney's Council of Georgia), Morrow, for appellee.
    Case Number: S17A0769

    The trial court properly denied defendant's motion for an out-of-time appeal following his convictions by guilty pleas to two murders and numerous other crimes in connection with a series of home invasions because to the extent that the issues presented on appeal could be resolved by reference to the existing record, the record refuted defendant's claims.