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  • Mims et al. v. Exclusive Association Management, Inc.

    Publication Date: 2024-10-11
    Practice Area: Business Torts | Damages
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Desiree Duke, Timothy Heath, (The Duke Law Firm, LLC.), Carrollton, Daniel Williams, (Coweta Circuit Superior Court), Carrollton, for appellant.
    for defendant: Matthew Carlton, (Carlton Law, LLC), Decatur, for appellee.
    Case Number: A24A0938

    Court affirms liability for conversion against former employee for conversion but reverses summary judgment against her husband due to lack of evidence to implicate husband in thefts

  • P&J Beverage Corporation v. The Bottle Shop, LLC

    Publication Date: 2024-08-13
    Practice Area: Damages
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Stephen Hodges, (Philips Branch & Hodges), Columbus, David Nelson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, for appellant.
    for defendant: Travis Hargrove, (The Finley Firm), Columbus, Robert Lomax, (Robert R. Lomax, LLC), Columbus, for appellee.
    Case Number: A24A0033

    Court affirms judgment of actual and punitive damages and attorneys' fees in favor of a plaintiff that sued for wrongful injunction and abusive litigation

  • Vourvoulias et al. v. Cash

    Publication Date: 2024-08-05
    Practice Area: Damages | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Halsey Knapp, Christopher Adams, (Krevolin Horst, Inc.), Atlanta, for appellant.
    for defendant: Warner Hodges, Cumming, for appellee; John Neville, (Neville Law, LLC), Cumming, for other party.
    Case Number: A24A0285

    Court affirms denial of attorney fees in property dispute case where petitioner sought equitable relief but nor money damages, clarifying the application of OCGA § 9-11-68

  • Southern Oil Refinery, LLC et al. v. Gloria Jean Price et al.

    Publication Date: 2024-07-25
    Practice Area: Damages | Wrongful Death
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Sharon Horne, Philip Savrin, (Freeman Mathis & Gary), Atlanta, Amanda Matthews, Jessica Seares, (Nall & Miller, LLP), Atlanta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellant.
    for defendant: Scott Forster, Terry Jackson, Peter Lampros, (Attorney at Law), Atlanta, Christopher Hall, (Hall & Lampros, LLP), Atlanta, for appellee; Warren Coppedge, (Coppedge & Associates, P.C.), Dalton, for other party; Robert Roll, (Watkins, Lourie, Roll & Chance, PC), Atlanta, Trent Speckhals, (Speckhals Law, P. C.), Atlanta, Andrew Ashby, Maxwell Thelen, (Ashby Thelen Lowry), Marietta, for AM.
    Case Number: A24A0137

    Court reverses and remands damages judgment in wrongful death case for recalculation because trial court failed to apportion damages properly per statutory requirements

  • KOS Limited v. Dockery et al.

    Publication Date: 2024-04-29
    Practice Area: Damages | Wrongful Death
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Gregory Taube, Peter Munk, Edgar Neely, (Nelson Mullins Riley & Scarborough LLP), Atlanta, for appellant.
    for defendant: John Hadden, Darren Penn, (Penn Law, LLC), Atlanta, Eric Ripper, (Ripper Law Firm PC), Atlanta, for appellee.
    Case Number: A23A1697

    Curt affirms denial of a motion by one defendant to set aside a joint and several damages award because that defendant failed to timely provide evidence to support apportionment

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  • Wal-Mart Stores East, LP v. Howell et al.

    Publication Date: 2024-04-12
    Practice Area: Damages | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Ernest Beaton, (McLain & Merritt PC), Atlanta, Mark Pickett, (Hall Booth Smith, PC), Atlanta, Jack Reiter, Sydney Feldman, Jack Reiter, (Gray Robinson, P.A.), Miami, for appellant.
    for defendant: Jonathan Sexton, Jacob Weldon, (Sexton Law Firm, LLP), McDonough, for appellee.
    Case Number: A23A1198

    Court affirms trial decision allowing plaintiffs to seek damages beyond initial limitation in slip-and-fall case against Wal-Mart, finding that changed circumstances justified larger damages

  • Latium USA Trading, LLC v. Smith

    Publication Date: 2024-04-05
    Practice Area: Contracts | Damages
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Van Horn, Jeremy Kahn, (Berman Fink Van Horn P.C.), Atlanta, for appellant.
    for defendant: Catherine Gibson, (The Gibson Law Firm, LLC), Atlanta, for appellee; Richard Wayne, Matthew Tokajer, (Richard C. Wayne & Associates, P. C.), Atlanta, for other party.
    Case Number: A23A1262

    Court reverses part of a default judgment due to improper calculation of loss of use damages in a case involving faulty window installation, but affirms all other aspects of the judgment

  • Cordial Endeavor Concessions of Atlanta, LLC v. Gebo Law LLC

    Publication Date: 2024-03-11
    Practice Area: Damages
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Christine Mast, Thomas Buckler, (Hawkins Parnell & Young LLP), Atlanta, for appellant.
    for defendant: Donna Johnson, Atlanta, Tyler Dillard, (Andersen Tate & Carr, P.C.), Duluth, for appellee.
    Case Number: A23A1474

    Court affirms $1.15 million damages award for unpaid legal services in a quantum meruit lawsuit filed by an attorney who provided those services

  • Sherritt v. SB Paulding Commons, LLC

    Publication Date: 2024-03-11
    Practice Area: Damages | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Shane Stogner, (Stogner Law, LLC) Marietta, for appellant.
    for defendant: David Ellison, (Fortson Bentley and Griffin PA), Athens, for appellee.
    Case Number: A23A1647

    Court affirms enforceability of a lease guaranty but vacates calculation of damages in a lease dispute and remands for evaluation of penalty clause under the proper standard

  • Alexander et al. v. Francis

    Publication Date: 2023-11-16
    Practice Area: Civil Procedure | Damages
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: William Davis, (Ichter Davis, LLC), Atlanta, for appellant.
    for defendant: Heather Brown, (Brown Law, LLC), Roswell, for appellee.
    Case Number: A23A0934

    Trial Court Lacked Jurisdiction to Open Default After Defendants Failed to Plead Meritorious Defense