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Murray et al. v. Lexington Park of Fulton County Community Association, Inc.
Publication Date: 2024-08-14
Practice Area: Civil Procedure
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Miller
Attorneys:
For plaintiff: Marvin Arrington, (Attorney at Law), Atlanta, for appellant.
For defendant: Brian Gardiner, (Dunlap Gardiner LLP), Douglasville, Wesley Dunlap, Evan Barnard, (Dunlap Gardiner LLP), Hiram, for appellee.
Case number: A24A0158

Court affirms dismissal of homeowners' complaint against a homeowners' association because their lawsuit should have been filed as a derivative claim and not as direct claims by the homeowners

Main Street Burger, Inc. v. Estate of David W. Collier et al.
Publication Date: 2024-08-14
Practice Area: Contracts | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: Beth Hilscher, (Beth Sebring Hilscher), Suwanee, Aaron Block, Max Marks, (The Block Firm LLC), Atlanta, for appellant.
For defendant: Bryan Henderson, Tucker, Jon David Huffman, Timothy Andrews, (Poole Huffman, LLC), Tucker, for appellee; Fred Bentley, Jamie Wingler, (Attorney at Law), Marietta, for other party.
Case number: A24A0531

Court partially reverses lease termination rights, finding that trial court misinterpreted a lease provision, and affirms injunction that was intended to maintain the status quo in a property dispute

Gonzalez v. Miller
Publication Date: 2024-08-14
Practice Area: Civil Procedure
Industry:
Court: Georgia Court of Appeals
Judge: Presiding Judge Barnes
Attorneys:
For plaintiff: Stephen Bauer, Jeffrey Baxter, Tyler Fabbri, (BakerHostetler LLP), Atlanta, Ryan Harbin, (Bloom Sugarman), Atlanta, for appellant.
For defendant: Barry Fitzpatrick, (Law Office of Lane Fitzpatrick), Danielsville, Kevin Epps, Tyler Gaines, (Epps, Holloway, DeLoach & Hoipkemier LLC), Watkinsville, for appellee; K. Cooke, (Gautreaux Law, LLC), Macon, Jonathan Adams, (Office of the District Attorney, Towaliga Judicial Circuit), Jackson, Robert Smith, (Prosecuting Attorneys’ Council of Georgia), Morrow, for AM.
Case number: A24A0153

Court dismisses an appeal to a writ of mandamus due to a defective confession of judgment in the mandamus action challenging a district attorney's failure to perform statutory duties

Barron v. Pritchett
Publication Date: 2024-08-14
Practice Area: Family Law
Industry:
Court: Georgia Court of Appeals
Judge: Presiding Judge Barnes
Attorneys:
For plaintiff: Susan Raymond, (Hogue & Hogue (Of Counsel)), Macon, for appellant.
For defendant: John Harrington, (Smith & Harrington), Eastman, for appellee.
Case number: A24A0595

Court applies Scherer test and affirms enforceability of prenuptial agreement in divorce case

Bailey et al. v. Make A Difference Ministries, Inc.
Publication Date: 2024-08-13
Practice Area: Personal Injury
Industry: Entertainment and Leisure
Court: Georgia Court of Appeals
Judge: Judge Pipkin
Attorneys:
For plaintiff: Matthew Swanson, Andrew Jones, (Jones & Swanson, LLC), Marietta, Andrew Ashby, Maxwell Thelen, (Ashby Thelen Lowry), Marietta, for appellant.
For defendant: Robert Luskin, Anelise Codrington, (Chartwell Law), Atlanta, for appellee.
Case number: A24A0546

Court partially reverses summary judgment that had been in favor of defendant in a negligence case, finding possible gross negligence, but affirms denial of punitive damages and attorneys

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

Funvestment Group, LLC v. Crittenden
Publication Date: 2024-08-13
Practice Area: Tax
Industry: Entertainment and Leisure
Court: Georgia Court of Appeals
Judge: Presiding Judge Barnes
Attorneys:
For plaintiff: Paul Oliver, Les Schneider, Thomas Walker, (Wimberly, Lawson, Steckel, Schneider & Stine, P.C.), Atlanta, for appellant.
For defendant: Ronald Stay, Alex Sponseller, Melody Chapman, (Georgia Department of Law), Atlanta, for appellee.
Case number: A22A0193

Court reverses its previous opinion and adopts Georgia Supreme Court ruling that gross revenues generated from coin-operated amusement machines are exempt from sales and use taxes

Kunkel et al. v. Hillman
Publication Date: 2024-08-12
Practice Area: Contracts
Industry: Construction
Court: Georgia Court of Appeals
Judge: Judge Gobeil
Attorneys:
For plaintiff: Alfred Malena, (The Malena Law Firm, LLC), Suwanee, for appellant.
For defendant: Rebecca Strickland, John McCall, (Swift, Currie, McGhee & Hiers, LLC), Atlanta, for appellee.
Case number: A24A0515

Court reverses denial of motion to add a party to a breach of contract complaint and vacates summary judgment as to a personal defendant

White v. The State
Publication Date: 2024-08-12
Practice Area: Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Justice Warren
Attorneys:
For plaintiff: David Russell Willingham, (Willingham Law Firm, P.C.), Marietta, for appellant.
For defendant: Linda Jeanne Dunikoski, Flynn Duncan Broady, Jr., (Cobb County District Attorney’s Office), Marietta, Meghan Hobbs Hill, Faith Donnell Worley, Clint Christopher Malcolm, Patricia B. Attaway Burton, Christopher M. Carr, (Department of Law), Atlanta, for appellee.
Case number: S24A0333

Court affirms convictions for malice murder and other crimes relating to the death of a three-year old disabled child

Georgia Insurers Insolvency Pool v. Carpet Cycle, LLC et al.
Publication Date: 2024-08-12
Practice Area: Insurance Law
Industry: Insurance
Court: Georgia Court of Appeals
Judge: Judge Gobeil
Attorneys:
For plaintiff: Michael Gorby, Amy Burns, Whitney Arp, (Gorby Peters & Associates, LLC), Tucker, for appellant.
For defendant: Catherine Koura, (Attorney at Law), Atlanta, George Waters, (Attorney at Law), Richmond Hill, Marion Waters, Alexis West, (Eraclides Gelman Hall Indek Goodman & Waters LLC), Lawrenceville, Barton Solomon, (McMahan Law Firm), Dalton, for appellee; Amy Urban, (Georgia State Board of Workers’ Compensation), Atlanta, for other party.
Case number: A24A0103

Court affirms and partially reverses decisions involving insurance insolvency pool reimbursement claims and remands for review of constitutional due process issues

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