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  • Mancuso v. Cadles of West Virginia, LLC

    Publication Date: 2024-02-20
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Peter Mancuso, Conyers, for appellant.
    for defendant: Donald Suessmith, (McCurdy & Candler, L.L.C.), Decatur,for appellee.
    Case Number: A23A1379

    Court reverses revival of dormant judgment due to improper service by a private process server, rather than a county sheriff as required by statute

  • Adam Rice et al. v. Fulton County et al.

    Publication Date: 2024-02-20
    Practice Area: Civil Procedure | Class Actions
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Mitchell Graham, (G. Roger Land & Associates), Atlanta, G. Land, (Attorney at Law), Atlanta, Jonathan Palmer, (Knight Palmer, LLC), Atlanta, Ranse Partin, (Conley Griggs Partin LLP), Atlanta, Lindsey Hillis, (The Hillis Firm), Atlanta, Nicholas Sears, (Nicholas Sears), Atlanta, for appellant.
    for defendant: Colin Delaney, Dana Richens, Anthony Rollins, Edward Wasmuth, Leah Sears, (Smith, Gambrell & Russell, LLP), Atlanta, Detriss Thomas, Kaye Burwell, (Fulton County Office of the County Attorney), Atlanta, Ken Jarrard, (Jarrard & Davis, LLP), Cumming, Joyce Lewis, Kana Caplan, (Krevolin Horst, LLC), Atlanta, Laura Yellig, (Fulton County Public Defender), Atlanta, Jacob Edwards, (Krevolin Horst), Atlanta, Hermise Pierre, (City of Atlanta Department of Law), Atlanta, John Petty, (City of Roswell Legal Department), Roswell, David Davidson, (Attorney at Law), Roswell, for appellee; Richard Carothers, (Attorney at Law), Buford, for Other Party.
    Case Number: A23A1646

    Court reverses denial of class certification in a taxpayers' proposed class action property tax lawsuit against Fulton County

  • Sharpe v. McCartney

    Publication Date: 2024-02-16
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Walter Adams, (Attorney at Law), Brunswick, for appellant.
    for defendant: Patrick O’Connor, Amelia Stevens, (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A23A1550

    Court affirms dismissal of action for excessive use of force by the police, concluding it was not a proper renewal action where plaintiff's original case was dismissed for lack of diligence in service

  • Lovell v. Raffensperger et al.

    Publication Date: 2024-02-06
    Practice Area: Civil Procedure | Constitutional Law
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Kristen Lovell, Evans, for appellant.
    for defendant: Thomas L. Cathey, Fort Gordon, Bryan Keith Webb, Russell David Willard, Elizabeth Wilson Vaughan, Christopher M. Carr, (Department of Law), Atlanta, William James Keogh, III, Jordan Bell, (Hull Barrett, P.C.), Augusta, for appellee.
    Case Number: S23A0887

    Court affirms dismissal of actions against State and county election officials for non-compliance with sovereign immunity waiver requirements under the Georgia Constitution

  • Collington v. Clayton County, et al.

    Publication Date: 2024-02-06
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: John David Hadden, Darren Wade Penn, (Penn Law LLC), Atlanta, Benjamin Frederick Windham, (Ben F. Windham, P.C.), Locust Grove, Robert Walker Garrett, (Morgan & Morgan Atlanta, PLLC), Columbus, for appellant.
    for defendant: Jack R. Hancock, Arash Ali Sabzevari, Wes C. Jackson, Jacob Edward Daly, (Freeman Mathis & Gary, LLP), Atlanta, for appellee; Charles Madden Cork, III, (LAW OFFICES OF CHARLES M. Cork, III), Decatur, for Amicus Appellant; Kellye C. Moore, (Walker Hulbert Gray & Moore, LLP), Perry, for Amicus Appellee; Daniel C. Prout, Jr., (Waldon Adelman Castilla McNamara & Prout), Atlanta, for Other Party.
    Case Number: S22G1146

    Court verifies that OCGA § 36-11-1 applies to official-capacity claims against county sheriffs, and rules that presenting the claim to a county governing authority satisfies the presentment requirement

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Bray v. Watkins

    Publication Date: 2024-02-01
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Richard Hendrix, Warren Lietz, (Finch McCranie), Atlanta, for appellant.
    for defendant: Jason Waymire, Terry Williams, (Attorney at Law), Buford, for appellee.
    Case Number: A22A1469

    On remand from the Georgia Supreme Court, the court vacated its previous opinion and remanded further for reconsideration of sovereign immunity in a lawsuit against a county sheriff

  • Wilson et al. v. Inthachak et al.

    Publication Date: 2024-01-12
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Ranse Murphy Partin, William Kent Owens, Jr., James Thomas Cox, (Conley Griggs Partin LLP), Atlanta, James D. Hudson, (James D. Hudson, P.C.), Douglas, for appellant.
    for defendant: William Richard Dekle, Sr., Sandra E. Vinueza Foster, Wiley A. Wasden, III, (Brennan & Wasden LLP), Savannah, for appellee; Jarome Gautreaux, (Gautreaux Law, LLC), Macon, for Amicus Appellant; Gregory Gaines Sewell, (Bouhan Falligant, LLP), Savannah, Pamela Newsom Lee, (Swift, Currie, McGhee & Hiers LLP), Atlanta, Elissa Blache Haynes, (Freeman Mathis & GARY, LLP), Atlanta, Patrick N. Silloway, (Balch & Bingham, LLP), Atlanta, Philip C. Thompson, (Duane Morris LLP), Atlanta, for Amicus Appellee.
    Case Number: S23A1095

    Court returns case to appellate court, which was divided equally on the application of a particular issue, due to lack of equal division jurisdiction

  • Simmons v. Turner

    Publication Date: 2024-01-03
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jim David, (Law Office of Jim R. David), Homer, for appellant.
    for defendant: William Myers, (Myers & Stroberg), Gainesville, for appellee.
    Case Number: A23A1328

    Court affirms dismissal of a renewal car accident lawsuit due to lack of proper service of original lawsuit

  • Marques v. JP Morgan Chase Bank, N.A. et al.

    Publication Date: 2023-12-22
    Practice Area: Banking and Finance Laws | Civil Procedure | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Antoinette Marques, Lithonia, for appellant.
    for defendant: Lisa Frank, (McCalla Raymer Leibert Pierce, LLC), Roswell, Catherine Gibson, (The Gibson Law Firm, LLC), Atlanta, Kane St. John, (Attorney at Law), Marietta, for appellee.
    Case Number: A23A1266

    Court affirms dismissal of most claims in a wrongful foreclosure lawsuit but reverses as to dismissal of plaintiff's claim that a successor lender failed to comply with a statutory notice requirement

  • Bradley v. Westrock CP, LLC et al.

    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