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Publication Date: 2024-03-13 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Judge Land Attorneys:For plaintiff: Ibrahim Oladunni, (Hancock State Prison), Sparta, for appellant. for defendant: Elaine Thompson, Fani Willis, (Fulton County District Attorney’s Office), Atlanta, for appellee. Case Number: A23A1679
Court affirms denial of defendant's motion to withdraw a guilty plea and in arrest of judgment, but remands for correction of a sentencing error in an incident involving firearms
Publication Date: 2024-03-13 Practice Area:Attorney Compensation Industry:Construction Court:Georgia Court of Appeals Judge:Judge Land Attorneys:For plaintiff: Richard Watts, G. Hoffman, (Swift Currie McGhee & Hiers LLP), Atlanta, for appellant. for defendant: David Moskowitz, (Law Office of David H. Moskowitz), Atlanta, Rebecca Halberg, (Stottlemyer & Associates), Atlanta, for appellee; Amy Urban, (Georgia State Board of Workers’ Compensation), Atlanta, for other party; Alex Wallach, (George & Wallach, LLLP), Forest Park Kyle Smith, (Evans Warncke Robinson, LLC), Atlanta, for AM. Case Number: A23A1588
Court affirms Workers' Compensation Award in a case where injured worker also received income from concurrent dissimilar employment
Publication Date: 2024-03-12 Practice Area:Wrongful Death Industry: Court:Georgia Court of Appeals Judge:Presiding Judge Dillard Attorneys:For plaintiff: Ben Brodhead, Ashley Fournet, Michael Arndt, (Brodhead Law, LLC), Atlanta, for appellant. for defendant: Robert Harrison, Jackson Griner, (Downey & Cleveland, LLP), Marietta, for appellee; Robert Gardner, (Attorney at Law), Winder, Brian Hansen, (Kutak Rock LLP), Atlanta, for other party. Case Number: A23A1527
Court reverses trial court's order enforcing a settlement in a fatal car accident case because the defendant's acceptance did not comply in full with the pre-lawsuit settlement offer
Publication Date: 2024-03-12 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Presiding Judge Dillard Attorneys:For plaintiff: Cashawn Barker, Douglasville, for appellant. for defendant: Sonya Chachere-Compton, (Attorney at Law), Douglasville, Jacob Taylor, William Smith, (Douglas County Solicitor General’s Office), Douglasville, for appellee. Case Number: A23A1501
Court affirms conviction for lane violation and rejects defendant's statute of limitations challenge, but vacates and remands with directions for the trial court to perform a proper speedy trial analysis
Publication Date: 2024-03-12 Practice Area:Family Law Industry: Court:Georgia Court of Appeals Judge:Presiding Judge McFadden Attorneys:For plaintiff: Carol EllisHoyle, (Ellis Hoyle Law, LLC), Stone Mountain, for appellant. for defendant: Douglas Hassinger, Anna O’donnell, (The Siemon Law Firm), Cumming, Clint Christopher Malcolm, for appellee; Marcy Millard, (The Millard Law Firm), Alpharetta, Ravelle Smith, (The Smith Firm, A Family Law Group, LLC), Marietta, for other party. Case Number: A23A1384
Court defers to trial court's discretion and affirms custody award to a father in legitimation case where that father was the child's biological parent but was not married to her mother
Publication Date: 2024-03-11 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Presiding Judge Dillard Attorneys:For plaintiff: Charles Higgins, Benjamin Gephardt, (District Attorney’s Office for the Brunswick Judicial Circuit), Brunswick, Kingsland, for appellant. for defendant: Leo Kight, (Brunswick Judicial Circuit Public Defender Office), Woodbine, Brian Tyrone, (Brunswick Judicial Circuit Public Defender’s Office), Jesup, for appellee. Case Number: A22A0422
On remand and direction from the Georgia Supreme Court, the court vacated its prior judgment and remanded for clarification of an officer's jurisdiction in traffic stop evidence suppression case
Publication Date: 2024-03-11 Practice Area:Damages | Real Estate Industry:Real Estate Court:Georgia Court of Appeals Judge:Judge Markle Attorneys:For plaintiff: Shane Stogner, (Stogner Law, LLC) Marietta, for appellant. for defendant: David Ellison, (Fortson Bentley and Griffin PA), Athens, for appellee. Case Number: A23A1647
Court affirms enforceability of a lease guaranty but vacates calculation of damages in a lease dispute and remands for evaluation of penalty clause under the proper standard
Publication Date: 2024-03-08 Practice Area:Real Estate Industry:Real Estate Court:Georgia Court of Appeals Judge:Presiding Judge McFadden Attorneys:For plaintiff: John Beck, (Lawson & Beck, LLC), Peachtree City, for appellant. for defendant: Monica Gilroy, (The Gilroy Firm), Atlanta, Matthew Totten, (The Totten Firm, LLC), Atlanta, for appellee. Case Number: A23A1228
Court affirms property owner's right to maintain utility lines on adjacent property outside express easement for maintenance based on a property interest arising from a quasi-easement
Publication Date: 2024-03-08 Practice Area:Communications and Media Industry:Legal Services Court:Georgia Court of Appeals Judge:Presiding Judge McFadden Attorneys:For plaintiff: Chauncey Barnwell, (Chauncey Napoleon Brown Barnwell, PC), Atlanta, for appellant. for defendant: Jay Eidex, (Attorney at Law), Suwanee, for appellee. Case Number: A23A1312
Court affirms attorney fees award in favor of defendant under anti-SLAPP statute in defamation lawsuit between attorneys