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  • Green Meadows Housing Partners, LP et al v. Macon-Bibb County

    Publication Date: 2024-10-01
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: James Cobb, Michael Eber, Cameron Roberts, (Caplan Cobb LLP), Atlanta, Harold Melton, Charles Peeler, Thomas Reilly, Dominyka Plukaite, (Troutman Pepper Hamilton Sanders LLP), Atlanta, for appellant.
    for defendant: K. Cooke, (Gautreaux Law, LLC), Macon, Michael McNeill, (Macon-Bibb County Attorney’s Office), Macon, for appellee; Michael Lambros, (The Lambros Firm, LLC), Atlanta, for other party.
    Case Number: A24A0693

    Court reverses ex parte order and vacates nuisance findings in a County's public-nuisance case against apartments, and affirms that Civil Practice Act applies to nuisance abatement actions

  • Sobowale v. Smith et al.

    Publication Date: 2024-09-26
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Randolph Powell, Alexander Vey, (Huff Powell & Bailey), Atlanta, for appellant.
    for defendant: Jeffery Arnold, H. Stafford, (Attorney at Law), Hinesville, Andrew Johnson, (Arnold & Stafford), Hinesville, Gary Toman, (Weinberg Wheeler Hudgins Gunn & Dial, LLC), Atlanta, for appellee.
    Case Number: A24A0694

    Court affirms negligence and wrongful death jury verdict against two defendants and verifies venue despite settlement with a third defendant that remained in the case solely for venue

  • Miller v. Wilcoxson

    Publication Date: 2024-09-25
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Brant, (Colom and Brant), Atlanta, for appellant.
    for defendant: Anna Cross, (Cross Kincaid), Decatur, Thomas Sampson, Ebonei Simpkins, (Thomas Kennedy Sampson & Tompkins LLP), Atlanta, for appellee.
    Case Number: A24A0607

    Court reverses apportionment of settlement proceeds in a wrongful death case due to trial court's lack of jurisdiction to issue an apportionment order after the case was dismissed

  • City of Atlanta v. Perkins

    Publication Date: 2024-09-20
    Practice Area: Civil Procedure | Premises Liability
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Thomas Reilly, Margaret Mathis, William Smith, Mark Bailey, (Troutman Pepper Hamilton Sanders LLP), Atlanta, for appellant.
    for defendant: Dwight Chamberlin, William Gray, (Gray King Chamberlin & Martineau LLC), Atlanta, Maxwell Thelen, Seth Lowry, (Ashby Thelen Lowry), Marietta, for appellee.
    Case Number: A24A0695

    Court affirms spoliation sanctions against City of Atlanta in a negligence action, and affirms trial court's decision to overturns attorney fees award due to a procedural deficiency

  • Collington v. Clayton County et al.

    Publication Date: 2024-09-16
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A22A0379

    On remand, court adopts opinion verifying that OCGA § 36-11-1 applies to official-capacity claims against county sheriffs, and partially vacates and remands case for further proceedings

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Reddy v. Belton et al.

    Publication Date: 2024-09-13
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A24A0816

    Court reverses partial summary judgment on the issues of duty and breach in a medical malpractice case because those issues were not properly raised or litigated in the motion

  • Chavez et al. v. Hill

    Publication Date: 2024-09-12
    Practice Area: Civil Procedure | Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Brian Craig, John Schultz, (Wood Craig Miller, LLC), Atlanta, Craig Jones, (Craig T. Jones, PC), Savannah, for appellant.
    for defendant: Jack Hancock, Wesley Jackson, (Freeman Mathis & Gary, LLP), Atlanta, Jade Ingram, (Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP), Peachtree Corners for appellee.
    Case Number: A24A0739

    Court reverses dismissal of injury claim against Clayton County Sheriff, ruling that Plaintiffs had given a proper ante litem notice and met the presentment requirement under OCGA § 36-11-1

  • Bromaghim v. Ligon et al.

    Publication Date: 2024-09-02
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Steven Leibel, (Steven Leibel, PC), Dahlonega, Paul Menair, Cumming, for appellant.
    for defendant: David Olson, (Quintairos, Prieto, Wood & Boyer, P.A.), Atlanta, Jessica Sanford, (Fain, Major & Brennan, P.C.), Atlanta, for appellee.
    Case Number: A24A0650

    Court reverses order assessing juror and bailiff costs against a plaintiff who voluntarily dismissed her personal injury case without prejudice, finding no statutory basis for cost assessment

  • Golden v. Floyd Healthcare Management, Inc. d/b/a Floyd Medical Center

    Publication Date: 2024-08-20
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Michael Brian Terry, Jane D. Vincent, (Bondurant Mixson & Elmore, LLP), Atlanta, William Sims Stone, Ryals Drayton Stone, Michael George Regas, II, (The Stone Law Group – Trial), Atlanta, C Sutton Connelly, (Cook & Connelly), Summerville, for appellant.
    for defendant: Julius Winfrey Peek, Jr., Robert Thomas Monroe, Jason Bradley Sanker, Benjamin Pleas Stell, (McRae, Smith, Peek, Harman & Monroe, LLP), Rome, for appellant.
    Case Number: S24G0008

    Court reverses dismissal of medical malpractice renewal action, holding that COVID emergency orders tolled statute of repose.

  • Guy v. Housing Authority of the City of Augusta, Georgia

    Publication Date: 2024-08-15
    Practice Area: Civil Procedure | Premises Liability
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: James Califf, (Califf Law Firm LLC), Augusta, for appellant.
    for defendant: Christopher Cosper, (Hull Barrett, P.C.), Augusta, for appellee; Michael Walker, (Piasta Walker Hagenbush, LLC), Atlanta, William McDavid, (Jones Cork, LLP), Macon, Jack Schley, (Page Scrantom Sprouse Tucker & Ford PC), Columbus, for AM.
    Case Number: A24A0080

    Court affirms sovereign immunity for Housing Authority in premises liability case, concluding that the Housing Authority is a public entity entitled to sovereign immunity.