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Publication Date: 2023-11-30 Practice Area:Premises Liability Industry:Hospitality and Lodging Court:Georgia Court of Appeals Judge:Judge Gobeil Attorneys:For plaintiff: Roger Harris, Kori Wagner, (Swift, Currie Mcghee & Hiers, LLP), Atlanta, for appellant. for defendant: Patrick McDonough, Tyler Dillard, Jonathan Tonge, (Andersen Tate & Carr, P.C.), Duluth, for appellee. Case Number: A23A0942
Court affirms denial of motel's motion for summary judgment in a premises liability case involving sex trafficking, finding material questions of fact as to foreseeability, duty of care, and causation
Publication Date: 2023-11-29 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Judge Watkins Attorneys:For plaintiff: Robert Sirianni, George Thomas, (Brownstone PA), Winter Park, for appellant. for defendant: Christian Brown, Bradford Rigby, (District Attorney’s Office of the Cordele Judicial), Cordele, for appellee. Case Number: A23A0887
Court affirms convictions for identity fraud, forgery, and other charges over defendant's contentions ion insufficient evidence, improper admission of evidence, and ineffective assistance
Publication Date: 2023-11-29 Practice Area:Premises Liability Industry:Entertainment and Leisure Court:Georgia Court of Appeals Judge:Judge Watkins Attorneys:For plaintiff: Neal Graham, (Graham Law LLC), Macon, for appellant. for defendant: Callie Bryan, Sydney Solomon, (Jones Cork & Miller, LLP), Macon, for appellee; Thomas Sippel, McAngus, Goudelock & Courie, LLC), Atlanta, for other party. Case Number: A23A0754
Court affirms summary judgment for an entertainment complex in in a slip and fall finding that the complex complied with the Roller Skating Safety Act of 1993
Publication Date: 2023-11-29 Practice Area:Personal Injury Industry:State and Local Government Court:Georgia Court of Appeals Judge:Judge Hodges Attorneys:For plaintiff: Bradley Robinson, Savannah, for appellant. for defendant: James Elliott, (Elliott, Blackburn & Gooding, P. C.), Valdosta, for appellee; Jeremy Willis, (Young, Thagard, Hoffman), Valdosta, for other party. Case Number: A23A0683
Court vacates sovereign-immunity based dismissal of personal injury lawsuit against a Lowndes County employee and remands for clarification of procedural and evidentiary matters
Publication Date: 2023-11-29 Practice Area:Criminal Appeals Industry: Court:Georgia Court of Appeals Judge:Presiding Judge Doyle Attorneys:For plaintiff: Fani Willis, Kevin Armstrong, Virginia Davis, (Fulton County District Attorney’s Office), Atlanta, for appellant. for defendant: F. Rockwell, (Attorney at Law), Atlanta, Mark Yurachek, (The Law Offices of Mark Allen Yurachek & Associate), Atlanta, for appellee. Case Number: A23A0844
Court dismisses State's appeal where trial court entered a shorter sentence than the State had negotiated, concluding that it lacked jurisdiction to hear the State's appeal
Publication Date: 2023-11-28 Practice Area:Real Estate Industry:Transportation Court:Georgia Court of Appeals Judge:Judge Brown Attorneys:For plaintiff: John Hall, Mark Toth, (Hall, Bloch, Garland, And Meyer), Macon, for appellant. for defendant: Walter Gordon, Kimberly Higginbotham, (The Gordon Law Firm, Attorneys at Law, LLC), Hartwell, for appellee. Case Number: A23A1021
Language of Deeds in Chain of Title Showed Property Owner Acquired Fee Simple Title to Land Under Railroad Spur Track
Publication Date: 2023-11-28 Practice Area:Family Law Industry: Court:Georgia Court of Appeals Judge:Presiding Judge Doyle Attorneys:For plaintiff: Patricia Shewmaker, (Shewmaker & Lewis, LLC), Peachtree Corners, for appellant. for defendant: Beverly Cohen, (Attorney at Law), Roswell, Stephen Sikes, (Law Offices of Scot Sikes), Columbus, for appellee. Case Number: A23A0646
Court vacates and remands declaratory judgment that modified an original decree in a divorce case over division of military retirement
Publication Date: 2023-11-28 Practice Area:Administrative Law Industry:State and Local Government Court:Georgia Court of Appeals Judge:Judge Gobeil Attorneys:For plaintiff: Christopher Carr, Robert Hamilton, Loretta Pinkston-Pope, Charles Francis, (Attorney General), Atlanta, for appellant. for defendant: Thomas Hackel, (Attorney at Law), Waycross, for appellee; Amy Urban, (Georgia State Board of Workers’ Compensation), Atlanta, for other party. Case Number: A23A0989
In a workers' compensation case, court affirms that injured worker's rights were violated when an administrative law judge made factual findings on an issue that was not properly before it
Publication Date: 2023-11-28 Practice Area:Civil Procedure Industry: Court:Georgia Court of Appeals Judge:Presiding Judge Barnes Attorneys:For plaintiff: Meredith Lowry, (Lowry Law, LLC), Blue Ridge for appellant. for defendant: Larry Mayfield, (Smith, Welch, Webb & White, LLC), Barnesville, for appellee. Case Number: A23A1072
Court reverses dismissal of lawsuit against a defendant who had died after its filing because no suggestion of death had been served on a nonparty representative to enable substitution of a party
Publication Date: 2023-11-27 Practice Area:Government | Health Care Law | Real Estate Industry:Health Care | State and Local Government Court:Georgia Court of Appeals Judge:Presiding Judge Doyle Attorneys:For plaintiff: Kirk Fjelstul, Kathryn Zickert, (Smith, Gambrell & Russell LLC), Atlanta, for appellant. for defendant: James Carter, (James E. Carter Law Firm, LLC), Athens, Frank Jenkins, (Jenkins, Bowen & Walker, P.C.), Cartersville, for appellee. Case Number: A23A0795
Proposed Drug Treatment Facility Would Be Continuation of Long-Time Hospital Use Already Occurring in City Location