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  • Murray et al. v. Lexington Park of Fulton County Community Association, Inc.

    Publication Date: 2024-08-14
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Marvin Arrington, (Attorney at Law), Atlanta, for appellant.
    for defendant: Brian Gardiner, (Dunlap Gardiner LLP), Douglasville, Wesley Dunlap, Evan Barnard, (Dunlap Gardiner LLP), Hiram, for appellee.
    Case Number: A24A0158

    Court affirms dismissal of homeowners' complaint against a homeowners' association because their lawsuit should have been filed as a derivative claim and not as direct claims by the homeowners

  • Gonzalez v. Miller

    Publication Date: 2024-08-14
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Stephen Bauer, Jeffrey Baxter, Tyler Fabbri, (BakerHostetler LLP), Atlanta, Ryan Harbin, (Bloom Sugarman), Atlanta, for appellant.
    for defendant: Barry Fitzpatrick, (Law Office of Lane Fitzpatrick), Danielsville, Kevin Epps, Tyler Gaines, (Epps, Holloway, DeLoach & Hoipkemier LLC), Watkinsville, for appellee; K. Cooke, (Gautreaux Law, LLC), Macon, Jonathan Adams, (Office of the District Attorney, Towaliga Judicial Circuit), Jackson, Robert Smith, (Prosecuting Attorneys’ Council of Georgia), Morrow, for AM.
    Case Number: A24A0153

    Court dismisses an appeal to a writ of mandamus due to a defective confession of judgment in the mandamus action challenging a district attorney's failure to perform statutory duties

  • Brown et al. v. Green Growth 2, LLC

    Publication Date: 2024-08-08
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Chauncey Barnwell, (Chauncey Napoleon Brown Barnwell, PC), Atlanta, for appellant.
    for defendant: Elsie Chisholm, Lucas Bradley, Gregroy Finch, (Bouhan Falligant LLP), Savannah, Chase Lyndale, (Bradley Arant Boult Cummings), Atlanta, for appellee.
    Case Number: A24A0270

    Court vacates and remands summary judgment order in quiet title action due to death of an adverse claimant party

  • Rafac v. Jiangsu Linhai Power Machinery Group Corporation

    Publication Date: 2024-07-24
    Practice Area: Civil Procedure | Personal Injury
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Mitchell Graham, (G. Roger Land & Associates), Atlanta, G. Land, (Attorney at Law), Atlanta, for appellant.
    for defendant: Donald Swift, (Andersen, Tate, Carr), Duluth, for appellee.
    Case Number: A24A0092

    Court affirms dismissal of personal injury complaint against ATV manufacturer due to improper service, concluding that a deposition of a registered agent was timely

  • Lawhorne et al. v. Douglas

    Publication Date: 2024-07-23
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Daniel Huff, Randolph Powell, T. Tucker, Alexander Vey, (Huff Powell & Bailey), Atlanta, for appellant.
    for defendant: Robert Turner, (Savage, Turner, Pinckney & Savage), Savannah, Christopher Britt, Jeremy McKenzie, (Karsman, McKenzie & Hart), Savannah, for appellee.
    Case Number: A24A0556

    Court affirms $4.5 million verdict in a medical malpractice case and rejects defendant's challenge to jury instruction on availability of insurance benefits

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  • Dates et al. v. City of Atlanta

    Publication Date: 2024-07-22
    Practice Area: Civil Procedure | Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jonathan Sexton, (Sexton Law Firm, LLC), McDonough, for appellant.
    for defendant: Alisha Johnson, Alicia Gant, (Rockdale County District Attorney’s Office), Conyers, Nathan Stuckey, (Attorney at Law), Augusta, for other party.
    Case Number: A23A0783

    Court affirms dismissal of injury claim due to insufficient ante litem notice

  • Starship Enterprises of Atlanta, Inc. v. Gwinnett County

    Publication Date: 2024-07-17
    Practice Area: Civil Procedure | Regulation
    Industry: Entertainment and Leisure
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Alan I. Begner, (Begner & Begner, P.C.), Sandy Springs, for appellant.
    for defendant: Bryan A. Dykes, Scott Dean Bergthold, (Law Office of Scott D. Bergthold, PLLC), Chattanooga, Chattanooga, for appellee.
    Case Number: S24A0361

    Court affirms dismissal of a constitutional challenge to Gwinnett County's adult establishment ordinance on grounds of res judicata

  • In the Interest of I. P. et al. (children).

    Publication Date: 2024-07-12
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Amber Walden, (The Fine Print Legal Consulting, LLC), Atlanta, for appellant.
    for defendant: Calandra Harps, Christopher Carr, (Attorney General), Atlanta, Gretchen Howard, (Jahn & Associates), Atlanta, for appellee; Marcea Flowers, Conyers, Bonnie Binkley, (Binkley Law GA), Atlanta, Sylvia Lester, (Attorney at Law), Marietta, for other party.
    Case Number: A24A0162

    Court vacates juvenile court's dependency order due to failure to serve amended petition on the mother of the dependent children

  • Pham et al. v. Buckhead Walk Association, LLC

    Publication Date: 2024-06-06
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Jonathan Barash, (Law Office of Jonathan A. Barash), Atlanta, William Cromwell, (Carter Cromwell Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Lori Christman, Louis Levenson, (Levenson & Associates), Atlanta, for appellee.
    Case Number: A24A0370

    Court vacates summary judgment order that had been in favor of a landlord in a dispossessory action for failure to hold an oral argument, notwithstanding withdrawal of request for argument

  • PNC Financial Services Group, Inc. v. Gibson

    Publication Date: 2024-06-03
    Practice Area: Banking and Finance Laws | Civil Procedure
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Thomas Tucker, (Tucker Long, P.C.), Augusta, Christopher Kanne, (Duane Morris, LLP), Atlanta, for appellant.
    for defendant: David Hudson, (Hull Barrett, PC), Augusta, John Gibson, Augusta, for appellee.
    Case Number: A24A0268

    Court reverses order denying attorney fees and mandating document production, and affirms dismissal of defamation claim on the basis of Georgia's anti-SLAPP statute