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  • Richards et al. v. Bose et al.

    Publication Date: 2020-04-29
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Kimberly Butler, (Ellis Painter Ratteree & Adams), Savannah, Kevin Tallant, Jonah Howell, (Miles Hansford & Tallant, LLC), Cumming, for appellant.
    for defendant: James Teague, (Attorney at Law), Cumming, Keisha Martin Chambless, (Teague & Chambless), Cumming, Jeffrey Schneider, (Weissman, P.C.), Atlanta, Larry Oldham, (Larry C. Oldham, P.C.), Cumming, Vinay Bose, Atlanta, for appellee
    Case Number: A19A2076

    Because Proper Service Had Not Yet Occurred, Trial Court Erred in Concluding That Defendants Were in Default

  • Anderson v. The State

    Publication Date: 2020-04-28
    Practice Area: Civil Procedure | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Javories Anderson, (Ware State Prison), Waycross, for appellant.
    for defendant: Stephen Bradley, (District Attorney, Ocmulgee Judicial Circuit), Milledgeville, Jeff Burks, (District Ocumulgee Judicial Circuit District Attorney's Office), Madison, for appellee.
    Case Number: A19A1971

    Appellant Did Not Have a Full and Fair Opportunity to Pursue His Motion for an Out-of-Time Appeal Before the Trial Court

  • Ultra Group of Companies, Inc. v. Inam International, Inc. et al.

    Publication Date: 2020-04-28
    Practice Area: Civil Procedure | Dispute Resolution
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Paul Oliver, (Wimberly Lawson Steckel Schneider & Stine, P.C.), Atlanta, for appellant.
    for defendant: Scott Hoopes, Timothy Walls, (Mills & Hoopes, LLC), Lawrenceville, for appellee.
    Case Number: A19A2063

    After Dismissing Petition, Superior Court Did Not Have the Power to Adopt Final Arbitration Award as its Own Judgment

  • Syed v. Merchant's Square Office Buildings LLC et al.

    Publication Date: 2020-04-24
    Practice Area: Civil Procedure
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Matthew McMaster, (Matthew D. McMaster, LLC), Marietta, for appellant.
    for defendant: Paul Andrew, (Andrew, Merritt, Reilly & Smith), Lawrenceville, for appellee.
    Case Number: A19A1690

    Court affirms the denial of claimant's motion to set aside a default judgment

  • Estate of Steven Fanning et al. v. Estate of Karen Fanning

    Publication Date: 2020-04-20
    Practice Area: Civil Procedure | Contracts
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Joseph Kalamaro, (The Clifton Law Firm, LLC), Peachtree City, for appellant.
    for defendant: Angela Landgaard, (Slepian & Schwartz, LLC), Peachtree City, William Ney, (William Brent Ney, LLC), Lawrenceville, for appellee.
    Case Number: A19A2432

    Court reverses summary judgment order in a dispute over a right of first refusal for the purchase of real estate because claimant failed to provide supporting evidence

  • Law Journal Press | Digital Book

    New York Attorney Discipline: Practice and Procedure 2024

    Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager

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  • Curry v. Conopco, Inc. et al.

    Publication Date: 2020-04-13
    Practice Area: Civil Procedure | Products Liability
    Industry: Consumer Products
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Wiley Curry, Atlanta, for appellant.
    for defendant: Michael Bailey, Erica Jansen, (Huff, Powell & Bailey, LLC), Atlanta, for appellee.
    Case Number: A19A2026

    Court affirms summary judgment in product liability case when plaintiff failed to produce an expert after two years of litigation

  • Smith v. Brooks et al.

    Publication Date: 2020-04-10
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Marc Aragon, (Attorney at Law), Alpharetta, Richard Howe, (Howe & Associates), Alpharetta, for appellant.
    for defendant: Adam Joffe, (Attorney at Law), Atlanta, Christina Gualtieri, (Goodman McGuffey), Atlanta, Joseph Cruser, (Cruser & Mitchell, L.L.P.), Norcross, Raymond Grant, (Cruiser & Mitchell), Norcross, for appellee.
    Case Number: A19A1661

    Court reverses dismissal of personal injury case, concluding that trial court applied the wrong standard in determining that statute of limitations had expired

  • Davis et al. v. Rockdale Art Farm, Inc. et al.

    Publication Date: 2020-04-09
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: William White, (Attorney at Law), Marietta, for appellant.
    for defendant: Jeremy Moulton, (The Moulton Firm), Conyers, Odis Williams, (The Law Office of Odis Williams, P.C.), Marietta, for appellee.
    Case Number: A19A2199

    Property Owners Lacked Standing to Challenge Grant of Special Use Permit For "Art Farm" on Nearby Property

  • Department of Public Safety v. Ragsdale

    Publication Date: 2020-04-08
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Robert Lee Bunner, Kathleen M. Pacious, Loretta L. Pinkston-Pope, Andrew Alan Pinson, Christopher M. Carr, Ross Warren Bergethon, (Department of Law), Atlanta, for appellant.
    for defendant: Edward Victor Cornel Silverbach, (The Silverbach Group, LLC), Kennesaw, Charles Madden Cork, III, (Law Offices of Charles M. Cork, III), Decatur, for appellee. Terry Eugene Williams, (Williams Morris & Waymire, LLC), Buford, for other party.
    Case Number: S19G0422

    Tort Claims Act's 12-Month Ante Litem Notice Period Is Not Subject to Tolling Under OCGA §9-3-99 When the Tort at Issue Arises From a Crime

  • Bowen et al. v. Savoy et al.

    Publication Date: 2020-04-08
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Patrick W. McKee, (Law Office of Patrick W. McKee, LLC), Newnan, for appellant.
    for defendant: Robert Scott Carlson, Lauren Jill Miller, Harry W. MacDougald, (Caldwell, Propst & Deloach, LLP), Atlanta, for appellee.
    Case Number: S19G0278

    To Show a Proper Case for Opening Default, Defendant Need Not Provide a Reasonable Explanation for Failure to File a Timely Answer