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Publication Date: 2023-12-20 Practice Area:Premises Liability Industry:Education Court:Georgia Court of Appeals Judge:Judge Fuller Attorneys:For plaintiff: Brian Smith, Phillip Hartley, (Attorney at Law), Gainesville, for appellant. for defendant: Ashleigh Madison, (Southeast Law, LLC), Savannah, John Carson, (Phillips Carson & Phillips), Savannah, for appellee. Case Number: A23A1199
Court reverses denial of defendants' summary judgment motion in a premises liability case, finding that defendants were out-of-possession landlords that did not control or possess the property
Publication Date: 2023-12-19 Practice Area:Trusts and Estates Industry:Real Estate Court:Georgia Court of Appeals Judge:Judge Fuller Attorneys:For plaintiff: Brian Patterson, (The Law Office of Brian V. Patterson, LLC), Athens, for appellant. for defendant: Kevin Epps, Tyler Gaines, (Epps, Holloway, DeLoach & Hoipkemier LLC), Watkinsville, for appellee. Case Number: A23A1222
Court affirms summary judgment in dispute over a will provision, finding that the will created a tenancy in common because it did not use the requisite language to create a joint tenancy
Publication Date: 2023-12-19 Practice Area:Creditors' and Debtors' Rights Industry:Real Estate Court:Georgia Court of Appeals Judge:Judge Fuller Attorneys:For plaintiff: Paul Kunst, (Paul C. Kunst PC), Barnesville, for appellant. for defendant: Bret Chaness, Patricia Whitehead, (Rubin Lublin LLC), Peachtree Corners, for appellee. Case Number: A23A1279
Court affirms summary judgment in favor of lender in a mortgage reversion case, rejecting property owner's statute of limitations and laches claims
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
Publication Date: 2023-12-18 Practice Area:Trusts and Estates Industry:Real Estate Court:Georgia Court of Appeals Judge:Judge Fuller Attorneys:For plaintiff: Iasiah Jones, (Jones Legal Practice, LLC), Lawrenceville, for appellant. for defendant: Albert Myers, (Albert A. Myers III PC), Conyers, for appellee. Case Number: A23A1259
Court dismisses part of appeal to a temporary injunction to the extent it related to property and affirms a trial court ruling that set aside a quitclaim deed to that property
Publication Date: 2023-12-15 Practice Area:Legal Ethics and Attorney Discipline Industry:Legal Services Court:Georgia Supreme Court Judge:Per Curiam Attorneys:For plaintiff: James Stephen Lewis, Paula J. Frederick, Jenny K. Mittelman, William Dallas NeSmith, III, (State Bar of Georgia), Atlanta, for appellant. for defendant: Carl Lawrence Collins, (Law Office of Carl Collins III), Southfield, for appellee; Michael J Blakely, Jr., (The Blakely Firm), Decatur, for other party. Case Number: S23Y1064
Court accepts lawyer's petition for voluntary suspension of his law license pending his appeal of criminal convictions for filing false tax returns