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  • Spann v. Davis, et al.

    Publication Date: 2022-02-10
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Cary Wiggins, (Wiggins Law Group), Atlanta, for appellant.
    for defendant: Sarah Rasalam, (City of Atlanta Law Department), Atlanta, for appellee.
    Case Number: A20A0202

    Court reverses dismissal of lawsuit against court clerks and remands for parties to properly raise issue of quasi-judicial immunity from tort claims

  • Rampersad v. The Plantation At Bay Creek Homeowners Association, Inc.

    Publication Date: 2022-02-10
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pinson
    Attorneys: For plaintiff: Kavita Rampersad, Snellville, for appellant.
    for defendant: Brandon Wagner, (Lueder Larkin & Hunter, LLC), Alpharetta, for appellee.
    Case Number: A21A1490

    As to a judgments on unpaid homeowners association fees, court dismisses one appeal and vacates and remands the other for determination of service and notice

  • Rodriguez v. Houston County

    Publication Date: 2022-02-09
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: John Hadden, (The Hadden Law Firm, LLC), Atlanta, for appellant.
    for defendant: Ken Jarrard, Patrick Dodson, (Jarrard & Davis, LLP), Cumming, for appellee.
    Case Number: A20A1566

    Court vacates dismissal of personal injury plaintiff's motion to substitute a defendant after expiration of statute of limitation and remands for further proceedings

  • Hearn v. Guarin et al.

    Publication Date: 2022-01-26
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: William Bryant, Wayne Tartline, Eric Connelly, (Bovis Kyle Burch & Medlin, LLC), Atlanta, for appellant.
    for defendant: Jason Craig, (Attorney at Law), Vidalia, for appellee.
    Case Number: A21A1620

    Court vacate denial of motion to dismiss, finding that trial court relied on erroneous facts in concluding that plaintiffs had accomplished service of process

  • Ron Johnson, Jr. Enterprises, Inc. v. Hartry et al.

    Publication Date: 2022-01-18
    Practice Area: Civil Procedure
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Richard Foster, Elizabeth Bentley, (Swift Currie McGhee & Hiers, LLP), Atlanta, John Stewart, Amanda Smith, (Hall, Bloch, Garland & Meyer, LLP), Macon, for appellant.
    for defendant: Michael Warshauer, Trent Shuping, (Warshauer Law Group, P.C.), Atlanta, for appellee.
    Case Number: A21A0302

    Court reverses an order that re-transferred venue back to the original County in which the case originated

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • The Mark A. Schneider Revocable Trust v. Hardy

    Publication Date: 2021-12-30
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Mark Schneider, Lindsay Kennedy, (Mark A. Schneider P.A.), Fort Lauderdale, for appellant.
    for defendant: Alan Norton, (Luther-Anderson, PLLP), Chattanooga, for appellee.
    Case Number: A21A1461

    Court Erred in Granting Motion to Dismiss Complaint as Barred by the Statute of Limitation in Reliance on Matters Outside Complaint and Answer

  • McWilliams v. Parker

    Publication Date: 2021-12-30
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Andrew Mosley, (Mosley Law Offices), Lawrenceville, for appellant.
    for defendant: Robert Johnson, (Gower Wooten & Darneille LLC), Atlanta, for appellee.
    Case Number: A21A1276

    Trial Court Properly Ruled That Automobile Collision Case Could Not Be Renewed Under 'Renewal Statute' as Action Was Not Made 'Valid' Through Service Before Its Dismissal

  • Perry et al. v. Paul Hastings, LLP et al.

    Publication Date: 2021-12-29
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Kimberly Ellison, Wayne Kendall, (Wayne B Kendall PC), Fayetteville, for appellant.
    for defendant: Jeremy Littlefield, Richard Robbins, Carey Miller, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, for appellee.
    Case Number: A21A1726

    Court Lacks Jurisdiction to Consider Appeals; Notice of Appeal Must Be Filed Within 30 Days After Entry of Appealable Decision or Judgment Complained Of

  • Bell v. Hargrove

    Publication Date: 2021-12-27
    Practice Area: Civil Procedure | Judges
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: John R. Monroe, (John Monroe Law, PC), Dawsonville, for appellant.
    for defendant: Bennett Davis Bryan, Laura Karen Johnson, Rebecca Jean Dobras, Omari J. Crawford, (Dekalb County Law Department), Decatur, for appellee; Andrew Alan Pinson, Christopher M. Carr, Drew F. Waldbeser, Zachariah Weston Lindsey, (Department of Law), Atlanta, for Amicus Appellant.
    Case Number: S21G0459

    Court reverses order that affirmed denial of an applicant's weapons carry license, finding that the statute did not give the probate judge authority to deny the application

  • Amason v. Highland Park Homeowners' Association, Inc.

    Publication Date: 2021-12-23
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Hadden, (The Hadden Law Firm, LLC), Atlanta, David Rhodus, (Rhodus Law Firm), Peachtree Corners, for appellant.
    for defendant: John Lueder, Zachary Trippe, (Lueder, Larkin & Hunter LLC), Alpharetta, for appellee.
    Case Number: A21A1339

    Court affirms summary judgment in favor of a homeowners' association and rejects property owner's claims of res judicata over claims of covenant violations