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  • 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

  • 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

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • 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

  • In the Matter of Megan Kate Andrews.

    Publication Date: 2021-12-22
    Practice Area: Civil Procedure | Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Megan Kate Andrews, Smyrna, for appellant.
    for defendant: John Allen Earles, Rebecca S. Mick, Kevin Charles Wilson, (Georgia Office of Bar Admissions), Atlanta, Russell David Willard, Christopher M. Carr, Bryan Keith Webb, (Department of Law), Atlanta, for appellee.
    Case Number: S21Z1222

    Court Lacks Jurisdiction to Consider Whether Board of Bar Examiners Erred in Denying Application for Admission to State Bar on Motion Without Examination

  • Spann v. Davis et al.

    Publication Date: 2021-12-21
    Practice Area: Civil Procedure | Court Administration
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Kurt Gregory Kastorf, (Kastorf Law), Atlanta, Cary S. Wiggins, (Wiggins Law Group), Atlanta, for appellant.
    for defendant: Kimberly Briana-Maria Myers, Joshua Stanley Foster, Kimberly M. Perkins, (City of Atlanta Department of Law), Atlanta, for appellee; Jonathan Andrew Pope, (Hasty Pope Davies, LLP), Canton, Laura M. Shamp, Joshua Forrest Silk, (Shamp Jordan Woodward), Atlanta, for, Amicus Appellant; Andrew Alan Pinson, Christopher M. Carr, Drew F. Waldbeser, Zachariah Weston Lindsey, (Department of Law), Atlanta, for Neutral Amicus.
    Case Number: S20G1536

    Trial Court Erred in Raising Issue of Quasi-Judicial Immunity Sua Sponte