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  • Lynn v. Lowndes County Health Services, LLC

    Publication Date: 2020-04-15
    Practice Area: Dispute Resolution | Government | Medical Malpractice
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Christopher Connor, (Connor & Connor LLC), Augusta, Kenneth Connor, Anne Moore, (Connor & Connor LLC), Aiken, Scott Gwartney, (Brooks Leboeuf Foster Gwartney Leace & Hobbs), Tallahassee, for appellant.
    for defendant: Alphonso Howell, Gregory Talley, (Coleman Talley LLP), Valdosta, for appellee.
    Case Number: A19A2057

    Parent Lacked Authority to Enter Into Arbitration Agreement on Behalf of Her Disabled Son

  • Cate et al. v. Patterson et al.

    Publication Date: 2020-04-10
    Practice Area: Dispute Resolution
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Keith Edwards, (Edwards Law Firm), Lafayette, for appellant.
    for defendant: Benjamin Bradford, (Benjamin T. Bradford, P.C.), La Fayette, for appellee.
    Case Number: A19A1704

    Court affirms libel verdict over defendant's challenge to whether libel claims were subject to arbitration

  • King v. King

    Publication Date: 2020-03-27
    Practice Area: Dispute Resolution | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: William Custer, Jennifer Dempsey, (Bryan Cave Leighton Paisner LLP), Atlanta, Cary Ichter, (Attorney at Law), Atlanta, Elizabeth Lindsey, (Davis Matthews & Quigley), Atlanta, for appellant.
    for defendant: Randall Berryman, (Berryman Family Law), Atlanta, James McGinnis, Andrew McClintock, (Warner, Bates, McGough, McGinnis & Portnoy PC), Atlanta, for appellee.
    Case Number: A20A0034

    Court affirms order vacating arbitration award in a divorce proceeding due to arbitrator's imperfect execution of his authority under an agreement and consent decree

  • Web IV, LLC et al. v. Samples Construction, LLC

    Publication Date: 2019-03-27
    Practice Area: Contractual Disputes | Dispute Resolution
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Justin O'Dell, Nicholas Booth, (O'Dell & O'Neal, P.C.), Marietta, for appellant.
    for defendant: Michael Chapman, G. Land, (Attorney at Law), Atlanta, for appellee. Laura Rollins, (Dyer & Rusbridge PC), Canton, Cory Close, (Busch Reed & Jones, P.C.), Marietta, for other party.
    Case Number: A18A1791

    Court Affirms Trial Court Order Compelling Arbitration Over Objection That Movant Had Waived Right to Compel Arbitration by Failing to Comply with Industry-Standard Dispute Resolution Procedures

  • Hillman et al. v. Bord et al.

    Publication Date: 2018-11-02
    Practice Area: Dispute Resolution
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Angela Fox, Darren Summerville, (The Summerville Firm, LLC), Atlanta, for appellant.
    for defendant: David Klein, (Rountree & Leitman, LLC), Atlanta, Blakely Frye, (Hill, Kertscher & Wharton, LLP), Atlanta, for appellee.
    Case Number: A18A1045

    Attorney fee award affirmed in favor of homeowners whose prior settlement offer was rejected

  • 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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  • Samaca, LLC. v. Cellairis Franchise, Inc. et al.

    Publication Date: 2018-04-02
    Practice Area: Civil Procedure | Contractual Disputes | Dispute Resolution
    Industry: Technology Media and Telecom
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: David Martin (D.R. Martin, LLC), Atlanta, for appellant.
    for defendant: Jared Miller, Ronald Coleman, Justin Gunter (Parker Hudson Rainer & Dobbs LLP), Atlanta, for appellee. Cell Phone Mania, LLC (c/o OZ Aharon), North Miami Beach; Cell Phone Mania, LLC (c/o OZ Aharon), Davie, for other party.
    Case Number: A17A1715

    Agreement Regarding Specific Assignments and Assumptions Was Not Wholly Separate From Initial Purchase Agreement Containing Arbitration Clause

  • Coleman v. United Health Services Of Georgia, Inc. et al.

    Publication Date: 2018-03-29
    Practice Area: Contractual Disputes | Dispute Resolution | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Douglas Chaffin (McHugh Fuller Law Group), Hattiesburg, for appellant.
    for defendant: John Hood (Wellstar Health System Inc), Marietta; Jeffrey Braintwain, Brian Mathis, Christian Dennis, Emaly Arndt (Huff Powell Bailey, LLC), Atlanta; Jason Bring, Alexander Foster (Arnall Golden Gregory LLP), Atlanta, for appellee.
    Case Number: A18A0358

    Advance Directive For Health Care Did Not Authorize Representative to Sign Nursing Home's Arbitration Agreement

  • Austin Regional Home Care, Inc. et al. v. Careminders Home Care, Inc. et al.

    Publication Date: 2018-03-23
    Practice Area: Civil Appeals | Dispute Resolution | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Rebecca Strickland, Michael Schroder (Swift, Currie, McGhee & Hiers, LLC), Atlanta; Mark VanderBroek, George Ray (Nelson Mullins Riley & Scarborough, LLP), Atlanta, for appellant.
    for defendant: Brian Schleicher (Attorney at Law), Alpharetta, for appellee.
    Case Number: A17A1859

    Court of Appeal Lacked Jurisdiction to Hear Non-Final Order Granting Arbitration

  • Brown et al. v. RAC Acceptance East, LLC

    Publication Date: 2018-02-28
    Practice Area: Contracts | Dispute Resolution
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Mitchell Le'roux Albert, III (Mitchell L. Albert III & Associates LLC), Atlanta, for appellant.
    for defendant: Glianny Fagundo-Toro, Matthew Robert Rosenkoff (Taylor English Duma LLP), Atlanta; Robert F. Friedman (Littler Mendelson, P.C), Dallas, for appellee.
    Case Number: S17G1097

    The trial court properly found that the delegation provision in the parties arbitration agreement clearly gave the arbitrator, not the courts, the authority to determine that defendant did not waive by prior litigation conduct its right to seek arbitration, and the arbitrators decision on the waiver question could not be properly challenged as legally erroneous.

  • Suntrust Bank v. Jedon M. Lilliston et al.

    Publication Date: 2018-02-16
    Practice Area: Civil Procedure | Dispute Resolution
    Industry: Financial Services and Banking
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: David Wylie Cranshaw, Simon Robert Malko (Morris, Manning & Martin, LLP), Atlanta, for appellant.
    for defendant: Brent J. Savage, Brent Jamieson Savage, Jr., Kathryn Hughes Pinckney (Savage Turner & Pinckney PC), Savannah, for appellee.
    Case Number: S17G0433

    The Court of Appeals erred in holding that a partys demand for arbitration in a renewal action may be deemed waived based on that partys conduct in the earlier, original litigation because a renewal suit is a de novo action and, thus, a partys conduct in the original action has no bearing on the question of waiver in the recommenced action.