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  • Ellis v. Seaver

    Publication Date: 2023-04-20
    Practice Area: Attorney Compensation | Civil Procedure
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Troy Ellis, Cumming, for appellant.
    for defendant: Diana Young, (Young Law Firm, LLC), Marietta, for appellee; Tatyana Ellis, Cumming, for other party.
    Case Number: A23A0125

    Trial Court Lacked Authority to Impose Attorney Fee Award Against Non-Party

  • The State et al. v. SASS Group, LLC et al.

    Publication Date: 2023-04-13
    Practice Area: Civil Procedure | Constitutional Law | Government
    Industry: Entertainment and Leisure | State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Tina Michelle Piper, Cristina Maria Correia, Christopher M. Carr, Ross Warren Bergethon, Stephen John Petrany, (Department of Law), Atlanta, for appellant.
    for defendant: Thomas Daniel Church, (The Church Law Firm, LLC), Roswell, Page Anthony Pate, (Pate, Johnson & Church, LLC), Atlanta, for appellee; Andrew (Andy) J. Welch, III, Warren Michael Tillery, Brandon Filson Palmer, (Smith, Welch, Webb & White, LLC), McDonough, John Elwin Stell, Jr., (Smith, , Welch, Webb & White, LLC), Winder, for Neutral Amicus.
    Case Number: S22A1243

    Suit For Declaratory Relief Naming Both State and County District Attorney as Defendants Was Barred by Sovereign Immunity

  • Pickens County v. Talking Rock Bluffs, LLC

    Publication Date: 2023-04-12
    Practice Area: Civil Procedure | Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Phillp Friduss, (Hall Booth Smith, PC), Atlanta, Nicholas Kinsley, (Hall Booth Smith, PC), Tifton, for appellant.
    for defendant: Joshua Scoggins, (Attorney at Law), Cumming, Jeremy Underwood, Kenneth Kincaid, (Miles Hansford & Tallant, LLC), Cumming, for appellee.
    Case Number: A22A1253

    Court affirms denial of a motion to dismiss a complaint for declaratory judgment that challenged the denial of a party's petition for rezoning

  • American Plumbing Professionals, Inc. v. Servestar, LLC et al.

    Publication Date: 2023-04-05
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Scott Ratchick, (Chamberlain Hrdlicka), Atlanta, for appellant.
    for defendant: Amy Keeney, Samuel Richards, (Adams and Reese LLP), Atlanta, Edmund Whitson, (Adams and Reese LLP), Tampa, for appellee.
    Case Number: A23A0451

    Court vacates a trial court order that had found a non-compete covenant to be unenforceable because trial court did not have jurisdiction to enter that order

  • Lewis v. Gwinnett County et al.

    Publication Date: 2023-04-05
    Practice Area: Civil Procedure | Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, Michael Watson, (Watson Law Firm), Atlanta, Ibrahim Awad, (The Awad Law Firm, P.C.), Woodstock, for appellant.
    for defendant: Tuwanda Williams, Melanie Jean-Noel, (Gwinnett County Law Department), Lawrenceville, for appellee; Nicole Stout, (Attorney at Law), Atlanta, Elise Wilson, (Strawinski & Stout, P.C.), Atlanta, for other party.
    Case Number: A22A1246

    Emergency COVID-19 Court Order Tolled Time For Providing Ante Litem Notice to County of Negligence Action

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    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri

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  • Sophia Williams v. Abebe Sandy Ventures, LLC

    Publication Date: 2023-03-24
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Randy Williams, Patrick Calvo, (Williams Law Group of Georgia, LLC), Atlanta, for appellant.
    for defendant: Wayne Kendall, (Wayne B. Kendall P.C.), Fayetteville, for appellee.
    Case Number: A22A1200

    Court reverses denial of a motion for default in a dispute between a tenant and landlord where tenant had properly served the landlord under OCGA §9-11-14(e)(1)

  • Smith et al. v. State of Georgia

    Publication Date: 2023-03-22
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Christopher Anulewicz, Patrick Silloway, (Balch & Bingham LLP), Atlanta, Douglas McMillan, (Shingler & McMillan LLC), Donalsonville, Eric Gay, (Law Office of Eric L. Gay, LLC), Bainbridge, for appellant.
    for defendant: David Forehand, (Davis & Forehand), Cordele, Joseph Mulholland, Moruf Oseni, (Office of the District Attorney, South Georgia Circuit), Bainbridge, Douglas Dean, (Lawson & Reid), Cordele, for appellee.
    Case Number: A22A1455

    Court affirms order denying a motion to dismiss an asset forfeiture case because underlying complaint met all pleading requirements

  • Burch v. Marta et al.

    Publication Date: 2023-03-13
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Warren Smith, Brent McIntosh, (W. Calvin Smith, II, PC), Atlanta, for appellant.
    for defendant: Nicole Shockley, (Marta), Atlanta, for appellee.
    Case Number: A22A1655

    Court affirms denial of a motion to set aside a summary judgment order where service was made but recipient mistakenly did not see a summary judgment motion

  • Alli v. Ultra Group of Companies, Inc.

    Publication Date: 2023-03-10
    Practice Area: Civil Procedure
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Scott Hoopes, Justyn Alioto, Timothy Walls, (Mills & Hoopes, LLC), Atlanta, for appellant.
    for defendant: David Merbaum, Andrew Becker, (Merbaum & Becker, P.C.), Alpharetta, Joshua Belinfante, Alexander Denton, Melanie Johnson, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, for appellee.
    Case Number: A22A1706

    Lottery Commission Does Not Have Exclusive Jurisdiction Over Lawsuits Filed Between Coin-Operated Amusement Machine Licensees

  • Hamon v. Connell et al.

    Publication Date: 2023-03-03
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Robert D. Howell, (Howell Law Firm, P.C.), Moultrie, for appellant.
    for defendant: Gregory Tyson Talley, Alphonso Avery Howell, IV, (Coleman Talley LLP), Valdosta, for appellee; Charles Madden Cork, III, (Law Offices of Charles M. Cork, III), Decatur, John J. Park, Jr., (Jack Park Law, LLC), Gainesville, Kenneth James Lewis, (Lewis LAW), Winder, for Amicus Appellant.
    Case Number: S22G0405

    Court holds that a decedent's adult children have an equitable right to pursue a wrongful death action where surviving spouse declines or refuses to do so