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  • Eastside Recovery, LLC v. Calhoun

    Publication Date: 2023-08-04
    Practice Area: Contracts | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: James McIlvaine, (Williams Litigation Group, P.C.), Brunswick, for appellant.
    for defendant: John Wooten, Trenton Edwards, (Gower Wooten & Darneille, LLC), Atlanta, for appellee.
    Case Number: A23A0615

    Driver Had No Common-Law Duty to Pay Towing Company Towing and Storage Charges Absent Any Contractual Relationship

  • Andy Frain Services, Inc. v. Augusta Mall, LLC et al.

    Publication Date: 2023-08-01
    Practice Area: Contracts | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Glenn Bass, (Scrudder Bass Quillian Horlock Taylor & Lazarus), Atlanta, for appellant.
    for defendant: George Nicholson, Sam Nicholson, (Nicholson Revell LLP), Augusta, Tracy O’Connell, (Ellis, Painter, Ratterree & Adams, LLP), Savannah, for appellee.
    Case Number: A23A0390

    Court affirms order that a security firm has a duty to defend and reverses an order that it has a duty to indemnify in a premises liability case involving a shooting

  • Moore v. Humble

    Publication Date: 2023-07-31
    Practice Area: Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Susan Raymond, (Hogue & Hogue (Of Counsel)), Macon, Carmel Sanders, (Attorney at Law), Macon, for appellant.
    for defendant: Charles Adams, (Kenneth S. Nugent, P.C.), Macon, Kice Stone, (Stone Family Law, LLC), Macon, for appellee.
    Case Number: A23A0204

    Court reverses denial of summary judgment motion on breach of contract and fraud and affirms denial of discovery motions in a case involving breach of a marriage promise

  • Southern States Chemical, Inc. et al. v. Tampa Tank & Welding, Inc. f/k/a Tampa Tank Inc. et al.

    Publication Date: 2023-06-23
    Practice Area: Contracts
    Industry: Chemicals and Materials
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Jonathan Tucker Barr, Andrew Clay Stevens, Natalie Cascario, David Lee Hobson, Jeffrey Young Lewis, (Arnall Golden Gregory LLP), Atlanta, Edwin W. King, Jr., (Edwin W. King, Jr., P.C.), Savannah, Michael Brian Terry, (Bondurant Mixson & Elmore, LLP), Atlanta, for appellant.
    for defendant: Mike O’Neal Crawford, Swift S. Currie, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, Cecily Joy McLeod, Kimberly Council Sheridan, (Gordon Rees Scully Mansukhani, LLP), Atlanta, for appellee; LaTisha Dear Jackson, (DeKalb County Superior Court), Decatur, for other party.
    Case Number: S23A0273

    Court affirms dismissal of breach of warranty claims that were barred by the pre-amendment statute of repose

  • Roberts v. Beacon Funding Corporation

    Publication Date: 2023-06-08
    Practice Area: Contracts
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Yasmin Cunningham, (The Law Office of Trey Ross, PC), Atlanta, Tremaine Ross, Peachtree Corners, for appellant.
    for defendant: James Hays, B. Potter, (Hays Potter & Martin, LLP), Peachtree Corners, James Martin, (Law Office of James W. Martin, P.C.), Atlanta, for appellee.
    Case Number: A23A0031

    Court determines that lessee's affidavit was parol evidence that could not be used to alter the terms of an underlying equipment lease that went into default

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  • Ball-Rodriquez et al. v. Progressive Premier Insurance Company of Illinois

    Publication Date: 2023-05-10
    Practice Area: Contracts | Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Robert Beauchamp, Del Percilla, Jessica Idlett, (Robert M. Beauchamp, Attorney at Law, LLC), Albany, for appellant.
    for defendant: Jason Darneille, John Wooten, (Gower Wooten & Darneille, LLC), Atlanta, for appellee.
    Case Number: A23A0491

    Court affirms summary judgment in favor of insurer where auto insurance policy was void from its inception due to failure of consideration

  • York d/b/a York Builders v. Moore

    Publication Date: 2023-04-17
    Practice Area: Contracts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Edward Miller, William Prosch, (E. Alan Miller, P.C.), Atlanta, for appellant.
    for defendant: Eric Miller, (Miller Insurance Law Enterprise), Atlanta, for appellee.
    Case Number: A22A1359

    Court determines that a contractor is not liable for torts committed by an independent contractor where no express contract existed to assign that liability

  • BPG Inspection, LLC et al. v. Omstead

    Publication Date: 2023-03-06
    Practice Area: Contracts | Wrongful Death
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Edward Burch, Edward Wasmuth, Leah Sears, (Smith, Gambrell & Russell, LLP), Atlanta, for appellant.
    for defendant: Stephen Chance, Lance Lourie, Andrew King, (Watkins Lourie Roll Chance PC), Atlanta, Darren Summerville, Meghan Hatfield Yanacek, (The Summerville Firm), Atlanta, Meredith Kincaid, (Cross Kincaid), Decatur, for appellee.
    Case Number: A22A1730

    Court enforces a one-year contractual limitations period for actions in tort and contract and reverses award to a plaintiff that sued for wrongful death damages

  • Blackwell v. Dreamworks Restoration Contractors, Inc.

    Publication Date: 2023-02-23
    Practice Area: Contracts | Litigation
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Susan Blackwell, Dunwoody, for appellant.
    for defendant: Charles Carson, (Charles R. Carson, P.C. dba Carson Law), Atlanta, for appellee.
    Case Number: A22A1293

    Court reverses verdict that had been in favor of a contractor in a lien and breach of contract action where trial court improperly excluded testimony from two witnesses

  • Steffey v. Ameris Bank et al.

    Publication Date: 2023-02-22
    Practice Area: Civil Procedure | Contracts
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Allen Meadors, (Allen Meadors Practitioners), Atlanta, for appellant.
    for defendant: Shanon McGinnis, (Wargo & French LLP), Atlanta, for appellee.
    Case Number: A22A1368

    Court reverses dismissal of breach of contract claims where plaintiff was charged interest on a construction loan but never took a draw under that loan