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  • Forbes et al. v. Auld et al.

    Publication Date: 2021-02-10
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Latif Oduola-Owoo, Robert Arrington, (Arrington Owoo PC), Atlanta, Katrenia Collins, (Attorney at Law), Atlanta, Tricia Hoffler, (Hoffler & Associates, PC dba The CK Hoffler Firm), Atlanta, Michael Terry, Amanda Seals, (Bondurant Mixson & Elmore, LLP), Atlanta, for appellant.
    for defendant: Todd Hatcher, (Gregory, Doyle, Calhoun & Rogers, LLC), Marietta, Jennifer Nichols, Douglas Clayton, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, Leigh Wilco, (Weissman PC), Atlanta, Steven Stein, (Brady Law Group), San Rafael, for appellee.
    Case Number: A19A0621

    Court applies one-year statute of limitations under Belize law in a wrongful death action because the death occurred in that location.

  • In Re Spix

    Publication Date: 2021-02-05
    Practice Area: Civil Procedure | Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Jami Kohn, (Weinstock & Scavo, PC), Atlanta, Mark Spix, (Attorney at Law), Atlanta, for appellant.
    for defendant: N/a
    Case Number: A20A1903

    Court vacates order of contempt against an attorney following summary proceedings and remands case with direction to afford the attorney his due process rights

  • National Collegiate Student Loan Trust v. 2007-1 v. Bell

    Publication Date: 2021-01-19
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Wendi Fassbender, (Attorney at Law), Wesley Chapel, Cherice Tadday, (Roosen, Varchetti & Oliver, PLLC), Smyrna, Kirsten Smith, (Sessions, Fishman, Nathan & Israel), Metairie, for appellant.
    for defendant: David Addleton, (Attorney at Law), Macon, John Hadden, (The Hadden Law Firm, LLC), Atlanta, James Hurt, (Hurt Stolz, P.C.), Watkinsville, for appellee.
    Case Number: A19A1676

    Court reverses dismissal of a collection lawsuit filed by a Delaware trust, concluding that the trust had capacity to sue in its own name, and remands to trial court

  • Davis v. City of Valdosta

    Publication Date: 2021-01-07
    Practice Area: Civil Procedure | Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jody Peterman, (Attorney at Law), Valdosta, for appellant.
    for defendant: James Thagard, Halton Albritton, (Young Thagard Hoffman Smith Lawrence & Shenton LLP), Valdosta, for appellee.
    Case Number: A20A1794

    Court affirms dismissal of personal injury lawsuit against a City because plaintiff's ante litem notice did not include a claim for a specific amount of damages

  • Thompson et al. v. Branch Banking & Trust Company

    Publication Date: 2021-01-06
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Hays McQueen, (James Bates Brannan Groover LLP), Macon, for appellant.
    for defendant: Marcia Guinyard, (The Fuller Law Group LLC), Atlanta, for appellee.
    Case Number: A20A2079

    Creditor's Lengthy Inaction Precluded Granting Motion for Default of Consent Order

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  • State of Georgia v. Crowder

    Publication Date: 2020-12-28
    Practice Area: Civil Procedure | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Elizabeth Baker, (Griffin Judicial Circuit District Attorney Fayette County District Attorney's Office), Fayetteville, John Fowler, (Clayton County District Attorney's Office), Jonesboro, Tasha Mosley, Tracy Lawson, (District Attorney), Jonesboro, Charles Brooks, Yolanda McKenney, (Office of the Solicitor General of Clayton County), Jonesboro, for appellant.
    for defendant: Jimmy Berry, (Attorney at Law), Marietta, Glenn Loewenthal, (Attorney at Law), Atlanta, for appellee. Lisa Wells, (Office of the District Attorney- Clayton County), Jonesboro, for Other Party.
    Case Number: A18A2113

    In Rem Forfeiture Complaint May Be Served By Publication When Interest Holder Resides Out of State

  • Capehart v. Mitchell et al.

    Publication Date: 2020-12-24
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Onyema Farrey, (Anene Farrey & Associates, LLC), Atlanta, for appellant.
    for defendant: Chad Greer, (VanLanduyt Giles Greer, LLC), Decatur, Denise VanLanduyt, (Attorney at Law), Decatur, Melinda Pillow, (Law Office of Melinda C. Pillow LLC), Decatur, for appellee.
    Case Number: A20A1697

    Court dismisses appeal to an order setting aside a child custody arrangement because it lacked appellate jurisdiction over the appeal.

  • Woods v. The State

    Publication Date: 2020-12-22
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: S21A0115

    Court Lacks Subject Matter Jurisdiction Over Challenges to the Correctness of its Previous Decisions; Appellant's Equal Protection Argument Does Not Invoke Court's Appellate Jurisdiction

  • Ali v. ESA Management, LLC

    Publication Date: 2020-12-21
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Colvin
    Attorneys: For plaintiff: Kamruddin Ali, Ocoee, for appellant.
    for defendant: Glenn Bass, Rachel Goldberg, (Scrudder Bass Quillian Horlock Taylor & Lazarus LLP), Atlanta, for appellee.
    Case Number: A20A1694

    Court affirms trial court order dismissing complaint due to plaintiff's failure to diligently effect service of process

  • Georgia Department of Public Safety v. Ragsdale

    Publication Date: 2020-12-18
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Robert Bunner, Christopher Carr, Kathleen Pacious, Loretta Pinkston-Pope, (Assistant Attorney General), Atlanta, for appellant.
    for defendant: Edward Silverbach, James Watson, (The Silverbach Group), Kennesaw, for appellee. Gary Morris, (Williams Morris & Waymire), Buford, Keith Moffett, (Chief Administrative Officer), Jackson, Kristin Hall, (The Law Office of Sharon Chester Barnes), Atlanta, for other party.
    Case Number: A18A1220

    Court determines that the provisions of OCGA §9-3-99 do not toll the time for filing an ante litem notice against a municipality under the Tort Claims Act