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  • Wilson et al. v. Inthachak et al.

    Publication Date: 2024-01-12
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Ranse Murphy Partin, William Kent Owens, Jr., James Thomas Cox, (Conley Griggs Partin LLP), Atlanta, James D. Hudson, (James D. Hudson, P.C.), Douglas, for appellant.
    for defendant: William Richard Dekle, Sr., Sandra E. Vinueza Foster, Wiley A. Wasden, III, (Brennan & Wasden LLP), Savannah, for appellee; Jarome Gautreaux, (Gautreaux Law, LLC), Macon, for Amicus Appellant; Gregory Gaines Sewell, (Bouhan Falligant, LLP), Savannah, Pamela Newsom Lee, (Swift, Currie, McGhee & Hiers LLP), Atlanta, Elissa Blache Haynes, (Freeman Mathis & GARY, LLP), Atlanta, Patrick N. Silloway, (Balch & Bingham, LLP), Atlanta, Philip C. Thompson, (Duane Morris LLP), Atlanta, for Amicus Appellee.
    Case Number: S23A1095

    Court returns case to appellate court, which was divided equally on the application of a particular issue, due to lack of equal division jurisdiction

  • Simmons v. Turner

    Publication Date: 2024-01-03
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jim David, (Law Office of Jim R. David), Homer, for appellant.
    for defendant: William Myers, (Myers & Stroberg), Gainesville, for appellee.
    Case Number: A23A1328

    Court affirms dismissal of a renewal car accident lawsuit due to lack of proper service of original lawsuit

  • Marques v. JP Morgan Chase Bank, N.A. et al.

    Publication Date: 2023-12-22
    Practice Area: Banking and Finance Laws | Civil Procedure | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Antoinette Marques, Lithonia, for appellant.
    for defendant: Lisa Frank, (McCalla Raymer Leibert Pierce, LLC), Roswell, Catherine Gibson, (The Gibson Law Firm, LLC), Atlanta, Kane St. John, (Attorney at Law), Marietta, for appellee.
    Case Number: A23A1266

    Court affirms dismissal of most claims in a wrongful foreclosure lawsuit but reverses as to dismissal of plaintiff's claim that a successor lender failed to comply with a statutory notice requirement

  • Bradley v. Westrock CP, LLC et al.

    Publication Date: 2023-12-18
    Practice Area: Civil Procedure | Personal Injury
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Philip Bradley, Petersburg, for appellant.
    for defendant: Colin Kelly, Timia Skelton, (Shook, Hardy & Bacon LLP), Atlanta, for appellee.
    Case Number: A23A1236

    Court partially reverses summary judgment in a negligence suit, finding that personal injury claims for negligence and design defects were not barred by res judicata based on prior property damage suit

  • Bray et al. v. Watkins

    Publication Date: 2023-12-14
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Richard Wayne Hendrix, Michael A. Sullivan, (Finch McCranie, LLP), Atlanta, for appellant.
    for defendant: Terry Eugene Williams, Jason Christopher Waymire, (Williams Morris & Waymire), Buford, for appellee.
    Case Number: S23G0836

    Court grants petition for a writ of certiorari, noting that sovereign immunity is a jurisdictional issue that must be resolved before a court addresses the merits of a case.

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  • Temples et al. v. Hitson

    Publication Date: 2023-11-28
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Meredith Lowry, (Lowry Law, LLC), Blue Ridge for appellant.
    for defendant: Larry Mayfield, (Smith, Welch, Webb & White, LLC), Barnesville, for appellee.
    Case Number: A23A1072

    Court reverses dismissal of lawsuit against a defendant who had died after its filing because no suggestion of death had been served on a nonparty representative to enable substitution of a party

  • McLeod v. Costco Wholesale Corp. et al.

    Publication Date: 2023-11-24
    Practice Area: Business Torts | Civil Procedure
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Torin Togut, (Attorney at Law), Lawrenceville, for appellant.
    for defendant: John Murray, Lauren Gregory, Connor Bateman, (Seyfarth, Shaw, Fairweather & Geraldson), Atlanta, for appellee.
    Case Number: A23A1055

    General Remedy For Failure to Plead Fraud-Related Claims Was More Definite Statement, Not Dismissal

  • Hansford v. Veal et al.

    Publication Date: 2023-11-22
    Practice Area: Business Torts | Civil Procedure | Contractual Disputes
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Philip Eichelzer, (The Law Offices of P. Kent Eichelzer, III), Woodstock, for appellant.
    for defendant: John Nichols, John Kennedy, (James Bates Brannan Groover, LLP), Macon, for appellee.
    Case Number: A23A0836

    RICO Defendant Could Not Dispute Civil Liability Following Default Judgment

  • Alexander et al. v. Francis

    Publication Date: 2023-11-16
    Practice Area: Civil Procedure | Damages
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: William Davis, (Ichter Davis, LLC), Atlanta, for appellant.
    for defendant: Heather Brown, (Brown Law, LLC), Roswell, for appellee.
    Case Number: A23A0934

    Trial Court Lacked Jurisdiction to Open Default After Defendants Failed to Plead Meritorious Defense

  • Contour Sierra, LLC v. Williams et al.

    Publication Date: 2023-11-15
    Practice Area: Civil Procedure | Personal Injury | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Gregory Taube, Peter Munk, (Nelson Mullins Riley & Scarbrough, LLP), Atlanta, for appellant.
    for defendant: Charles Clay, (Pratt Clay, LLC), Atlanta, Bradley Pratt, Christopher Lambden, (Bayuk Pratt, LLC), Atlanta, for appellee.
    Case Number: A23A1079

    Well-Pled Complaint Allegations Supported Claims on Default for Negligent Infliction of Emotional Distress