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  • Jordan et al v. Department of Natural Resources, Environmental Protection Division

    Publication Date: 2020-12-18
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Cale Conley, James Cox, (Conley Griggs Partin LLP), Atlanta, for appellant.
    for defendant: Isaac Byrd, Isaac Byrd, Margaret Eckrote, (Deputy Attorney General), Atlanta, Christopher Held, (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A20A1253

    Court dismisses appeal of the dismissal of a complaint against a state administrative agency because the appellants failed to file an application for the appeal

  • Callicott v. Scott et al.

    Publication Date: 2020-12-15
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, for appellant.
    for defendant: S. Malone, (Nelson Mulins Riley & Scarborough), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, Michael Orr, (Dawson Orr), Jacksonville, for appellee.
    Case Number: A20A1366

    Minority Shareholder Was Required to Bring a Derivative Action Against Other Shareholders Because She Did Not Suffer a Special Injury

  • Griffin v. Trinidad et al.

    Publication Date: 2020-12-14
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Alan Tucker, (Alan David Tucker, Esq. P.C.), Brunswick, for appellant.
    for defendant: Joseph Estenes, (Progressive Casualty Insurance Company), Macon, for appellee.
    Case Number: A20A1064

    Court affirms dismissal of personal injury lawsuit because plaintiff did not exercise sufficient due diligence to accomplish service on defendants in a timely manner

  • Rafac v. Jiangsu Linhai Power Machinery Group Corporation

    Publication Date: 2020-12-11
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Mitchell Graham, (G. Roger Land & Associates), Atlanta, G. Land, (Attorney at Law), Atlanta, for appellant.
    for defendant: Donald Swift, Jaletta Smith, (Andersen Tate & Carr), Duluth, for appellee.
    Case Number: A20A0905

    Court vacates dismissal order and remands case because the trial court improperly shifted the burden of proof on service of process to the plaintiff

  • Junior v. Graham

    Publication Date: 2020-12-08
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Ben Brodhead, Ashley Fournet, John Nichols, (Brodhead Law, LLC), Atlanta, Darrell Hinson, (Shiver Hamilton, LLC), Atlanta, for appellant.
    for defendant: Joseph Cruser, Raymond Grant, (Cruser & Mitchell, L.L.P.), Norcross, Laurie Daniel, Matthew Friedlander, (Holland & Knight, LLP), Atlanta, for appellee.
    Case Number: A20A1188

    Trial Court Did Not Err in Denying Personal Injury Plaintiff's Motion for Attorneys' Fees Which, if Awarded, Would Constitute an Impermissible Double Recovery

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    A Letter from Your Client

    Authors: By Alex Geisler

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  • Doe v. Saint Joseph's Catholic Church et al.

    Publication Date: 2020-12-03
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A20A0784

    Court affirms dismissal of action against the Church as having been time-barred, stating that the statute of limitations began to run on plaintiff's 18th birthday

  • Myers v. Clayton County District Attorney's Office, et al.

    Publication Date: 2020-12-01
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Per Curiam
    Attorneys: For plaintiff: Jobie Myers, Morrow, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Angela Cusimano, (Georgia Department of Law), Atlanta, Robert Shapiro, Atlanta, Jack Hancock, Arash Sabzevari, (Freeman Mathis & Gary LLP), Forest Park, for appellee.
    Case Number: A20A1382

    Trial Court Did Not Err in Finding That Plaintiff Failed to Properly Serve Police Detective With Summons and Complaint

  • Redford v. The State

    Publication Date: 2020-12-01
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Mike Redford, (Calhoun State Prison), Morgan, for appellant.
    for defendant: Ryan Leonard, Sean Garrett, (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: A20A1429

    Despite Prior Appeals Arising From His Prosecution, Appellant Did Not Have a Direct Appeal From His Judgment of Conviction

  • Jane Doe v. Vaughn

    Publication Date: 2020-12-01
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Alfred Adams, Atlanta, Jared Miller, (Parker Hudson Rainer & Dobbs LLP), Atlanta, Catherine Scott, (Georgia Justice Project), Atlanta, for appellant.
    for defendant: Timothy Vaughn, Keely Pitts, (Oconee Circuit District Attorney's Office), Eastman, for appellee.
    Case Number: A20A1431

    Superior Court Erred by Dismissing Petition to Modify Sentence; Court Had Authority to Consider the Relief Sought

  • National Collegiate Student Loan Trust 2007-3 v. Clayborn

    Publication Date: 2020-11-30
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Cherice Tadday, (Roosen, Varchetti & Oliver, PLLC), Smyrna, Kirsten Smith, (Sessions, Fishman, Nathan & Israel), Marietta, for appellant.
    for defendant: David Addleton, (Attorney at Law), Macon, James Hurt, (Hurt Stolz, P.C.), Watkinsville, for appellee.
    Case Number: A20A1571

    Court reverses an order that dismissed a collection lawsuit filed by a Delaware trust, concluding that the trust had capacity to sue in its own name