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  • Golden Peanut Company, LLC et al. v. Miller et al.

    Publication Date: 2023-10-31
    Practice Area: Expert Witnesses | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: James King, (The King Firm), Tifton, Joseph Hudson, (Hudson Injury Firm), Tifton, Bree Sullivan, (The Sullivan Firm), Thomasville, Leland Kynes, (Kynes Law, LLC), Atlanta, for appellant.
    for defendant: Steven Kyle, (Bovis, Kyle & Burch), Atlanta, Michael Caplan, Timothy Waddell, (Caplan Cobb, LLP), Atlanta, Danielle Le Jeune, Tia Ghattas, Amy Doig, Josh Greenbaum, (Cozen O'connor), Atlanta, for appellee.
    Case Number: A21A1270

    Court of Appeals vacates its prior judgment and vacates a trial court order denying a motion to exclude testimony based on Supreme Court's decision as to expert testimony in a vehicle accident case

  • Gonzalez et al. v. Jones

    Publication Date: 2023-10-31
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jamie Cox, (Georgia Injury Attorneys), Atlanta, for appellant.
    for defendant: Russell Davis, Tyler Adams, (Downey & Cleveland, LLP), Newnan, Laura Golden, (Downey & Cleveland, LLP), Atlanta, Amy Harper, Marietta, for appellee.
    Case Number: A23A0689

    Court vacates dismissal of car accident personal injury case and remands for consideration of adding another defendant under OCGA § 9-11-15 (c) even though after statute of limitations had expired.

  • Talboy v. Dukes

    Publication Date: 2023-10-30
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Carol Clark, (Carol Clark Law), Atlanta, James McClung, (Attorney at Law), Atlanta, John Sparks, (Austin & Sparks, P.C.), Atlanta, for appellant.
    for defendant: J. Hord, (Schreeder, Wheeler & Flint, LLP), Atlanta, for appellee.
    Case Number: A23A1068

    Court affirms dismissal of prescriptive easement claim for an underground sewer line because the line was not public and apparent to others

  • The State v. Black

    Publication Date: 2023-10-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Susan Treadaway, (Chief Assistant District Attorney), Marietta, Cliff Head, Alana Driscoll, Kelly Nugent-Chavis, (Cherokee County District Attorney's Office), Canton, for appellant.
    for defendant: Lawrence Zimmerman, (Attorney at Law), Atlanta, Matthew Winchester, (Law Offices of Matthew K. Winchester), Atlanta, for appellee.
    Case Number: A23A0939

    Court reverses evidence suppression order to the extent it had limited admission of evidence seized from warranted search of a cell phone to communications between a defendant and a rape victim

  • Pineda v. Lewis et al.

    Publication Date: 2023-10-26
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Husser, (Husser & Husser, P.C.), Rome, for appellant.
    for defendant: Melissa Hise, (Palmour Law Firm), Summerville, Albert Palmour, (Attorney at Law), Summerville, Albert Palmour, Summerville, for appellee.
    Case Number: A23A0909

    Court reverses probate court's grant of private way because party seeking that right did not establish a prescriptive right but only a historical permissive use of a shared driveway

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  • Swarn v. Thompson

    Publication Date: 2023-10-25
    Practice Area: Administrative Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles Bliss, (Attorney at Law), Atlanta, Richard Merritt, (Atlanta Legal Aid Society), Marietta, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Katherine Stoff, (State Law Department), Atlanta, for appellee.
    Case Number: A23A0796

    Court of Appeals reverses denial of Pandemic Unemployment Assistance due to the pandemic's impact on employment of an individual who was self-employed

  • Jackson v. The State

    Publication Date: 2023-10-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: David Lock, (David T. Lock, LLC), Savannah, for appellant.
    for defendant: Shalena Jones, Gabriel Justus, (Eastern Judicial Circuit District Attorney's Office), Savannah, for appellee.
    Case Number: A23A1128

    Court reverses conviction for possession of a firearm by a felon because seizure of that firearm occurred during an improper warrantless search of a home

  • Gilmore v. The State

    Publication Date: 2023-10-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: David Gilmore, (Self Represented), Newnan, for appellant.
    for defendant: Sandra Wisenbaker, Zachary Taylor, (Coweta County Solicitor General's Office), Newnan, for appellee.
    Case Number: A23A0793

    Email Evidence Supported Conviction For Misdemeanor Offense of Making Harassing Communications

  • D. L. v. St. Francis Health, LLC

    Publication Date: 2023-10-24
    Practice Area: Premises Liability
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Taylor Martin, (Martin Trial Law), Macon, for appellant.
    for defendant: Robert Martin, Sean Mims, (Hall Booth Smith, P.C.), Columbus, James Brooks, (OakBridge Law Group), Atlanta, Avery Nail, Columbus, for appellee.
    Case Number: A23A1051

    Court reverses summary judgment order in a premises liability case because of questions of fact over whether intervening criminal conduct was reasonably foreseeable

  • Amisano v. Cross Creek Condominium Association, Inc.

    Publication Date: 2023-10-23
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Amelia Phillips, (Phillips Law, LLC), Alpharetta, for appellant.
    for defendant: Jason LoMonaco, Daniel Moore, Victoria Baggett, (NowackHoward, LLC), Atlanta, for appellee.
    Case Number: A23A1088

    Default Should Have Been Set Aside Where Absent Defendant Never Received Clerk-Mailed Notice of Publication, Order, and Complaint