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  • Georgia Department of Human Services et al. v. Muff et al.

    Publication Date: 2019-10-03
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Christopher Carr, Kathleen Pacious, Loretta Pinkston-Pope, (Senior Assistant Attorney General), Atlanta, for appellant.
    for defendant: Je'Nita Lane, (The J. Lane Law Group, P.C.), Albany, for appellee. Flin Coleman, Symanthia Price, John Price, Kevin Price, Victoria Price, Albany, for other party.
    Case Number: A19A1151

    Court Erred in Calculating 30-Day Cure Period for Complaint That Did Not Include Required Ante Litem Notice Exhibits

  • Longo v. City of Dunwoody

    Publication Date: 2019-10-03
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Leigh Webster, (Strickland Webster, LLC), Atlanta, for appellant.
    for defendant: William Riley, (Riley McLendon, LLC), Marietta, for appellee.
    Case Number: A19A1079

    Court's Failure to Conduct Specific Inquiry to Determine Defendant's Eligibility for Appointed Counsel Did Not Constitute Reversible Error

  • Terry v. Old Hat Chimney, LLC

    Publication Date: 2019-09-23
    Practice Area: Civil Procedure | Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Ben Brodhead, Ashley Fournet, (Brodhead Law, LLC), Atlanta, Chloe Dallaire, (Weinberg, Wheeler, Hudgins, Gunn & Dial), Atlanta, Richard Caplan, (Office of the Fulton County District Attorney), Atlanta, for appellant.
    for defendant: James Merritt, Matthew Moffett, (Gray, Rust, St. Amand, Moffett, & Brieske, LLP), Atlanta, Christopher Perniciaro, (Martenson Hasbrouck & Simon LLP), Atlanta, for appellee.
    Case Number: A19A1104

    Court affirms dismissal of direct liability negligence claim against employer that admitted vicarious liability

  • Georgia Lottery Corporation et al. v. 1100 Shorter Dollar, LLC

    Publication Date: 2019-09-23
    Practice Area: Civil Procedure
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Julie Jacobs, William Banks, Christopher Carr, (Attorney General), Atlanta, David Carson, (Georgia Department of Law), Atlanta, for appellant.
    for defendant: Justyn Alioto, (Mills & Hoopes, LLC), Atlanta, Timothy Walls, (Mills & Hoopes, LLC), Lawrenceville, for appellee.
    Case Number: A19A1298

    Court reverses order granting a mandamus petition because applicant had other adequate legal remedies

  • Moreno v. Carniceria, Loa #2

    Publication Date: 2019-09-17
    Practice Area: Civil Procedure
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: John Hadden, (The Hadden Law Firm, LLC), Atlanta, Bret Moore, (Broughton Law), Atlanta, Ibrahim Awad, (The Awad Law Firm, P.C.), Woodstock, for appellant.
    for defendant: Jonathan Bledsoe, Brittany Dant, (The Minor Firm), Dalton, for appellee.
    Case Number: A19A0882

    Court vacates dismissal of renewal case and remands for determination of whether original complaint was served on defendant

  • Law Journal Press | Digital Book

    Florida Affirmative Defenses and Procedural Objections: With Forms 2024

    Authors: Joshua B. Spector, Paul D. Turner

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  • La Fontaine et al. v. Signature Research, Inc.

    Publication Date: 2019-09-04
    Practice Area: Civil Procedure
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jefferson Callier, (The Callier Firm), Columbus, Mark Schwartz, (Driggers, Schultz & Herbst, PC), Troy, for appellant.
    for defendant: David Olson, Barbara Marschalk, (Drew, Eckl & Farnham, LLP), Atlanta, Matthew Johnson, (Davis Matthews & Quigley PC), Atlanta, for appellee.
    Case Number: A17A0835

    Court vacates dismissal and reinstates injury lawsuit that had been dismissed on ground of forum non conveniens

  • Rowles v. Rowles

    Publication Date: 2019-08-15
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Lisa West, (The West Firm), Atlanta, for appellant.
    for defendant: Michael Clark, (Andy Clark Law, LLC), Atlanta, for appellee. Donna-Marie Hayle, (Ney Hoffecker Peacock & Hayle), Atlanta, for other party.
    Case Number: A19A0467

    Child Custody Decision Could Not Be Set Aside For Fraud Where Complaining Parent Was Not Prevented From Asserting Defense Prior to Entry of Judgment

  • Hill vs. Board of Regents of the University System of Georgia et al.

    Publication Date: 2019-08-15
    Practice Area: Civil Procedure | Employment Compliance | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: John Brown, (Attorney at Law), Augusta, for appellant.
    for defendant: Annarita McGovern, (Owen, Gleaton, Egan, Jones & Sweeney, LLP), Atlanta, Richard Mitchell, Aaron Danzig, Richard Mitchell, Samuel Lyddan, (Arnall Golden Gregory LLP), Atlanta, Robert Threlkeld, Anthony Cestaro, (Morris Manning & Martin, LLP), Atlanta, for appellee. Sara Vann, (Office of the Attorney General, Medicaid Fraud Control Unit), Atlanta, Jeanette LeRay, (Hall Booth Smith, P.C.), Atlanta, for other party.
    Case Number: A19A0336

    Original Complaint Allegations Not Binding Following Amended Complaint That Did Not Incorporate Earlier Allegations

  • Jenkins et al. v. Keown et al.

    Publication Date: 2019-08-15
    Practice Area: Civil Procedure | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Walter Adams, (Attorney at Law), Brunswick, for appellant.
    for defendant: J. Edenfield, (Spivey, Carlton & Edenfield, P.C.), Swainsboro, Eric Bumgartner, Amanda Szokoly, (Brown Reddick Bumgartner Carter Strickland & Watkins, LLP), Brunswick, for appellee.
    Case Number: A19A0510

    Evidence Supported Trial Court's Finding That Defendant Was Not Personally Served at His Residence

  • Patel v. Georgia Lottery Corporation

    Publication Date: 2019-08-09
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Kelly Burke, Ketan Patel, (Burke Lasseter LLC.), Warner Robins, Jared Lina, James Goldstein, (Goldstein & Hayes, P.C.), Atlanta, Mark Spix, (Attorney at Law), Atlanta, for appellant.
    for defendant: Christopher Carr, Bernadett Rosszer, (Office of the Attorney General), Atlanta, for appellee.
    Case Number: A19A0031

    In breach of contract action over denial of lottery winnings, court affirms transfer of case and reverses denial of interest for lottery claimant.