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Kennedy Dev. Co. Inc. v. Newton's Crest Homeowners' Assoc.
Publication Date: 2013-06-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys:
For plaintiff: Lisa Whitfield Hicks, Casey & Foster PC, Marietta, for appellant.
For defendant: Joshua Ruplin Downey & Cleveland LLP, Marietta, for appellee. Other party representation: Curtis Romig Bryan Cave LLP, David Root, Cheryl Shaw Carlock Copeland Semler & Stair LLP, Atlanta, Larry Stewart, Lawrenceville, Gregg Counts, Snellville, Starcraft Communities LLC, Norcross, and Dewayne Newton Tycor Inc., Buford.
Case number: A13A0296

Res judicata barred the plaintiff's claim as its new theory of recovery was ascertainable in its original complaint and was ruled on in the previous grant of summary judgment to the defe

Anderson v. Atlanta Indep. Sch. Dist.
Publication Date: 2013-05-13
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys:
For plaintiff: Jacqueline Taylor, Atlanta, for appellant.
For defendant: Michael Walker Carlock, Copeland & Stair LLP, Atlanta, for appellee.
Case number: A13A0209

The judgment granting the school district's motion to enforce the settlement reached in a former employee's breach of contract action was vacated and remanded, since rial court failed to specif

Zurich Am. Ins. Co. v. Heard
Publication Date: 2013-04-24
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys:
For plaintiff: Brian Moore and Chad Jacobs Drew Eckl & Farnham LLP, Atlanta, for appellant.
For defendant: . Gregory Wheeler, Ryan Wilhelm Carlock, Copeland, Semler & Stair LLP, and David Bills, Atlanta, for appellees.
Case number: A12A2544

Because the trier of fact did not apportion the damages, joint liability and the right of contribution still existed under O.C.G.A. § 51-12-33 and the grant of summary judgment was not p

Losey v. Prieto
Publication Date: 2013-03-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys:
For plaintiff: Rickman Brown, Atlanta, for appellant.
For defendant: Johannes Kingma, Shannon Sprinkle Carlock, Copeland & Stair LLP, Christine Mast, and Matthew McLaughlin Hawkins Parnell Thackston & Young LLP, Atlanta, for appellees.
Case number: A12A2254

The fee agreement between the plaintiff and his attorneys constituted clear evidence that the parties agreed to rate any dispute arising out of the agreement, including the enforceability of th

Considine v. Murphy & McInvale PC
Publication Date: 2013-03-21
Practice Area:
Industry:
Court: Court of Appeals
Judge: Barnes, Anne Elizabeth
Attorneys:
For plaintiff: Jeffrey Barnes Barnes Firm LLP, Atlanta, for appellant.
For defendant: Brian Spitler Carlock, Copeland & Stair LLP, Atlanta, for appellee.
Case number: A12A1674

Although the trial court had the discretion to rule before 30 days after the defendant filed the motion to dismiss, the trial court erred in dismissing the complaint less than 30 days after it was f

Carter v. Progressive Mountain Ins.
Publication Date: 2013-03-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys:
For plaintiff: Samuel Crowe and William Gainer Toliver & Gainer LLP, Conyers, for appellant.
For defendant: Mark Molina Worsham, Corsi, Scott & Edwards, Jason Hammer, and Megan Boyd Carlock Copeland & Stair LLP, Atlanta, for appellee.
Case number: A12A2295

The plain language of the statute and the purpose of underinsured motorist coverage indicate that the Legislature intended that O.C.G.A. § 33-24-41.1's limited release applies only to the claimant's

Turner v. Williamson
Publication Date: 2013-03-05
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys:
For plaintiff: Douglas Smith and Hillary Shawkat Carlock, Copeland & Stair LLP, Atlanta, for appellant.
For defendant: Lance Cooper The Cooper Firm, Marietta, and Jason Schwartz Temple, Strickland, Dinges & Schwartz, Atlanta, for appellees.
Case number: A12A2534

The insurer's release form containing additional terms did not alter the fact that a meeting of the minds occurred with regard to the terms of the settl

Burdette v. McDowell
Publication Date: 2013-03-05
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys:
For plaintiff: Frank Klosik Greer, Klosik, Daugherty & Swank, Atlanta, and Christopher Conway, Norcross, for appellant.
For defendant: Andrew Horowitz Drew Eckl & Farnham LLP, Thomas Carlock, Scott Huray Carlock, Copeland & Stair, Atlanta, William Mitchell, Richard Hamilton Cruser & Mitchell LLP, Norcross, Floyd Taylor, Neal Dickert Hull, Towill, Norman & Barrett, and Charles Mayers, Augusta, for appellees. Other party representation: Terry Strawser Leonard & Associates, Alpharetta, and Morris Communications, Augusta.
Case number: A12A1773

The plaintiff failed to show that the trial court abused its discretion in refusing the request to poll the jurors after the ve

Six Flags Over Georgia v. Martin
Publication Date: 2013-03-05
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys:
For plaintiff: Charles McDaniel, Wayne McGrew, Kim Ruder Carlock, Copeland, & Stair LLP, Earl Gunn, and Shannon Barrow Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellant.
For defendant: . Gilbert Deitch, Andrew Rogers Deitch & Rogers, and Michael Neff, Atlanta, for appellee. Other party representation: Ian Rapaport, Atlanta, Claude Morey, Riverdale, and Deandre Evans, College Park.
Case number: A12A1693

The trial court erred in granting the plaintiff's motion in limine preventing the defendants from arguing and seeking apportionment of damages in a premises liability action, since "fault" as used i

Geico Gen. Ins. Co. v. Hospital Auth. of Clarke Cnty.
Publication Date: 2013-02-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys:
For plaintiff: Jason W. Hammer Carlock Copeland & Stair LLP, Atlanta, for appellant.
For defendant: Kristopher Alderman, Douglas Gibson, and Miyong Park The Gibson Firm LLC, Woodstock, for appellees. Other party representation: Thomas Brennan, James Taylor Fain, Major, Wiley & Brennan PC, Atlanta, Steven Kunz, and Justyna Kunz, Lawrenceville.
Case number: A12A2351

The trial court erred in denying summary judgment to an insurance company defendant in a to enforce three hospital liens, as O.C.G.A. § 44-14-474 a's one-year statute of limitation barred

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