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  • Roberts v. Beacon Funding Corporation

    Publication Date: 2023-06-08
    Practice Area: Contracts
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Yasmin Cunningham, (The Law Office of Trey Ross, PC), Atlanta, Tremaine Ross, Peachtree Corners, for appellant.
    for defendant: James Hays, B. Potter, (Hays Potter & Martin, LLP), Peachtree Corners, James Martin, (Law Office of James W. Martin, P.C.), Atlanta, for appellee.
    Case Number: A23A0031

    Court determines that lessee's affidavit was parol evidence that could not be used to alter the terms of an underlying equipment lease that went into default

  • Ball-Rodriquez et al. v. Progressive Premier Insurance Company of Illinois

    Publication Date: 2023-05-10
    Practice Area: Contracts | Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Robert Beauchamp, Del Percilla, Jessica Idlett, (Robert M. Beauchamp, Attorney at Law, LLC), Albany, for appellant.
    for defendant: Jason Darneille, John Wooten, (Gower Wooten & Darneille, LLC), Atlanta, for appellee.
    Case Number: A23A0491

    Court affirms summary judgment in favor of insurer where auto insurance policy was void from its inception due to failure of consideration

  • York d/b/a York Builders v. Moore

    Publication Date: 2023-04-17
    Practice Area: Contracts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Edward Miller, William Prosch, (E. Alan Miller, P.C.), Atlanta, for appellant.
    for defendant: Eric Miller, (Miller Insurance Law Enterprise), Atlanta, for appellee.
    Case Number: A22A1359

    Court determines that a contractor is not liable for torts committed by an independent contractor where no express contract existed to assign that liability

  • BPG Inspection, LLC et al. v. Omstead

    Publication Date: 2023-03-06
    Practice Area: Contracts | Wrongful Death
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Edward Burch, Edward Wasmuth, Leah Sears, (Smith, Gambrell & Russell, LLP), Atlanta, for appellant.
    for defendant: Stephen Chance, Lance Lourie, Andrew King, (Watkins Lourie Roll Chance PC), Atlanta, Darren Summerville, Meghan Hatfield Yanacek, (The Summerville Firm), Atlanta, Meredith Kincaid, (Cross Kincaid), Decatur, for appellee.
    Case Number: A22A1730

    Court enforces a one-year contractual limitations period for actions in tort and contract and reverses award to a plaintiff that sued for wrongful death damages

  • Blackwell v. Dreamworks Restoration Contractors, Inc.

    Publication Date: 2023-02-23
    Practice Area: Contracts | Litigation
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Susan Blackwell, Dunwoody, for appellant.
    for defendant: Charles Carson, (Charles R. Carson, P.C. dba Carson Law), Atlanta, for appellee.
    Case Number: A22A1293

    Court reverses verdict that had been in favor of a contractor in a lien and breach of contract action where trial court improperly excluded testimony from two witnesses

  • 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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  • Steffey v. Ameris Bank et al.

    Publication Date: 2023-02-22
    Practice Area: Civil Procedure | Contracts
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Allen Meadors, (Allen Meadors Practitioners), Atlanta, for appellant.
    for defendant: Shanon McGinnis, (Wargo & French LLP), Atlanta, for appellee.
    Case Number: A22A1368

    Court reverses dismissal of breach of contract claims where plaintiff was charged interest on a construction loan but never took a draw under that loan

  • Simmons v. Bates et al.

    Publication Date: 2023-02-07
    Practice Area: Contracts | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: James Hardee, (Fain, Major, Wiley & Brennan), Atlanta, Robert Harrison, Jackson Griner, (Downey & Cleveland, LLP), Marietta, for appellant.
    for defendant: Ben Brodhead, Ashley Fournet, Michael Arndt, (Brodhead Law, LLC), Atlanta, John Nichols, (Gwinnett District Attorney’s Office), Lawrenceville, for appellee.
    Case Number: A22A1460

    Court affirms denial of a motion to enforce a settlement agreement in a car accident case because the settlement offer had not been accepted by all parties

  • Velazquez v. Mata

    Publication Date: 2022-12-16
    Practice Area: Contracts
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Peter Schoenthaler, Neill Wright, Christopher Rosser, (Schoenthaler Law Group), Atlanta, for appellant.
    for defendant: David Anton, (Attorney at Law), Alpharetta, for appellee.
    Case Number: A22A1356

    Court reverses JNOV order that had been in favor of a defendant in a case involving breach of fiduciary duty because evidence supported plaintiff's allegations.

  • Atwood Services, Inc. v. VFH Captive Insurance Company et al.

    Publication Date: 2022-09-21
    Practice Area: Contracts
    Industry: Consulting
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Alex Kaufman, Kevin Kucharz, (Hall Booth Smith P.C.), Atlanta, for appellant.
    for defendant: John Williamson, Joseph York, (Williamson & York, LLC), Atlanta, for appellee.
    Case Number: A22A1031

    Court reverses dismissal of breach of contract causes of action in a dispute involving an original and a subsequent contract, where the subsequent contract was invalid

  • Augustin et al. v. Walker Lake Emergency Group, PC

    Publication Date: 2022-08-10
    Practice Area: Contracts
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Joseph Maguire, Robert Kozloski, (Parks, Chesin & Walbert, P.C.), Atlanta,or appellant.
    for defendant: Jeffrey Schwartz, (Jackson Lewis P.C.), Atlanta, Thomas Tate, (Andersen, Tate & Carr, P.C.), Duluth, for appellee.
    Case Number: A22A0833

    Court affirms summary judgment for health care company and rejects terminated physicians' breach of contract argument because their agreements authorized termination