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  • 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

  • Leggat et al. v. Navicent Health, Inc. et al.

    Publication Date: 2023-10-23
    Practice Area: Civil Procedure | Medical Malpractice | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Jeffrey Banks, (Banks & Riedel, PC), Eastman, for appellant.
    for defendant: Hunter Allen, Joscelyn Hughes, Jennifer Bellis, (Bendin Sumrall & Ladner), Atlanta, Samuel Lucas, Stephen Moseley, (Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP), Rome, Jo Jagor, Mikell Reynolds, (Huff Powell Bailey), Atlanta, Austin Atkinson, Mitchell Walker, (Hall Booth Smith PC), Atlanta, for appellee.
    Case Number: A23A0631

    COVID Emergency Order Did Not Support Medical Malpractice Plaintiff's Claim For Additional Time to File Expert Affidavit

  • Hines Interests Limited Partnership et al. v. Wright

    Publication Date: 2023-10-12
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Lauren Meadows, Stephen Schatz, (Swift Currie McGhee & Hiers), Atlanta, or appellant,
    for defendant: Jason Graham, (Graham Legal, LLC), Atlanta, for appellee; Parks Stone, Lawrence Washburn, Kristina Thompson, Devin Arnold, (Wilson Elser Moskowitz Edelman & Dicker), Atlanta, for other party.
    Case Number: A23A0680

    Court reverses trial court ruling and concludes that certain defendants should have been dismissed under the two-dismissal due to privity with another defendant

  • ECBI Warner, LLC v. Patrick et al.

    Publication Date: 2023-10-12
    Practice Area: Civil Procedure
    Industry: Technology Media and Telecom
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Robert Cheeley, Andre Tennille, (Cheeley Law Group, LLC), Alpharetta, Preston Haliburton, (Haliburton Law Firm), Atlanta, Gabrielle Holland, (Attorney at Law), Alpharetta, for appellant.
    for defendant: John Hawkins, (Athens-Clarke County Attorney’s Office), Athens, Matthew Bennett, (Bennett Law Office, LLC), Griffin, Ivy Duggan, Sarah Martin, (Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP), Rome, Theodore Meeker, (Sumner & Meeker), Newnan, for appellee; Matthew Bennett, (Bennett Law Office, LLC), Griffin, for other party.
    Case Number: A23A0779

    Court affirms dismissal of claims based on res judicata based on a parallel federal case that the plaintiffs dismissed with prejudice but reverses as to a writ of mandamus claim

  • Wise Business Forms, Inc. v. Forsyth County et al.

    Publication Date: 2023-10-05
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: George E. Butler, II, (Law Offices of George E. Butler II, LLC), Dahlonega, for appellant.
    for defendant: Christopher M. Carr, Julie Adams Jacobs, Alkesh Bhanuprasad Patel, Logan B. Winkles, (Department of Law), Atlanta, Christopher J. Hamilton, Gregory Aaron Meyer, (Jarrard & Davis, LLP), Cumming, Luther Harold Beck, Jr., Mary Josephine Leddy Volkert, John Harold Zwald, (Beck Zwald & Associates LLC), Buford, for appellee.
    Case Number: S22G0874

    Claim For Inverse Condemnation by Permanent Nuisance Accrued When Property Owner First Discovered Damage

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  • White v. Westlake Financial Services

    Publication Date: 2023-09-15
    Practice Area: Civil Procedure | Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Cristina Kaiden, Robert Kaiden, (Kaiden & Kaiden, LLC), Marietta, for appellant.
    for defendant: Douglas Brooks, (Attorney at Law), Atlanta, for appellee.
    Case Number: A23A0830

    Court reverses denial of a motion to dismiss for statute of limitations reasons, finding that a plaintiff's second complaint was not a renewal action under the applicable statute

  • Samsung Electronics America, Inc. v. Brewer

    Publication Date: 2023-08-18
    Practice Area: Civil Procedure | Personal Injury
    Industry: Consumer Products
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jessica Odom, (Greenberg Traurig, LLP), Atlanta, Robert Hughes, (Rahimi Hughes & Padgett, LLC), Savannah, James Doyle, Andrew Eaton, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, Harold Melton, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Quentin Marlin, (Ellis Painter Ratterree & Adams LLP), Savannah, for appellant.
    for defendant: William Hunter, Patrick O’Connor, George Major, Irving Drought, (Oliver Maner, LLP), Savannah, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, Edwin Page, Atlanta, for appellee.
    Case Number: A23A0452

    Court vacates order granting a motion to set aside a default judgment and remands for application of proper legal standard and assessment of movant's burden of proof

  • Sons of Confederate Veterans v. Henry County Board of Commissioners

    Publication Date: 2023-08-16
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Walker Chandler, Peachtree City, Timothy King, (Hodges, McEachern & King), Peachtree City, for appellant.
    for defendant: Megan Martin, Patrick Jaugstetter, (Jarrard & Davis, LLP), Cumming, for appellee; Mawuli Davis, (The Davis Bozeman Law Firm PC), Decatur, Maryum Jordan, (Lawyers’ Committee for Civil Rights Under Law), Washington, for AM.
    Case Number: A21A0734

    Court affirms trial court holding that an individual's lawsuit for injunctive relief over removal of a Confederate monument is barred by sovereign immunity.

  • Golden v. Floyd Healthcare Management, Inc. d/b/a Floyd Medical Center

    Publication Date: 2023-08-09
    Practice Area: Civil Procedure | Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Michael Regas, (Stone Law Group), Atlanta, William Stone, (Stone Law Group - Trial Lawyers, LLC), Blakely, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, Ryals Stone, (Boone & Stone), Atlanta, C. Connelly, (Cook & Connelly), Summerville, for appellant.
    for defendant: Julius Peek, Jason Sanker, Benjamin Stell, (Mcrae Smith Peek Harman & Monroe LLP), Rome, Robert Monroe, (Mcrae, Stegall, Peek ET AL), Cedartown, for appellee.
    Case Number: A23A0118

    Medical Malpractice Statute of Repose Not Tolled by COVID-19 Emergency Judicial Orders

  • Harrison et al. v. Harrison

    Publication Date: 2023-08-04
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Tania Tuttle, Sarah Monico, Brett Ledermeier, (McLain & Merritt PC), Alpharetta, Lauren Miller, (Caldwell, Carlson, Elliott & DeLoach LLP), Atlanta, for appellant.
    for defendant: Louis Levenson, (Levenson & Associates), Atlanta, Christopher Williams, (Schulten Ward Turner & Weiss, LLP), Atlanta, for appellee.
    Case Number: A23A0281

    Court reverses summary judgment award that had been in favor of a seller in a property sale dispute due to lack of standing and absence of mutual mistake