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Foreman v. The State
Publication Date: 2024-07-22
Practice Area: Criminal Appeals | Criminal Law
Industry:
Court: Georgia Court of Appeals
Judge: Presiding Judge Barnes
Attorneys:
For plaintiff: Adrian Patrick, (Attorney at Law), Snellville, for appellant.
For defendant: Cheryl Hightower, Louie Fraser, (Assistant District Attonrey Dublin Judicial Circuit), Dublin, for appellee.
Case number: A24A0411

Court vacates trial court's orders denying motions to plea in bar and remands cases for proper analysis of speedy trial claims and statute of limitations defenses

Bellagio Pools, LLC v. Marino et al.
Publication Date: 2024-07-22
Practice Area: Contractual Disputes
Industry: Construction
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys:
For plaintiff: Ashley Hughes, (Oliver Hughes LLC), Woodstock, for appellant.
For defendant: David Kolmel, (John B. Miller & Associates), Marietta, for appellee.
Case number: A24A0220

Court reverses and remands trial court's ruling against breach of contract claims in a pool construction dispute due to unsupported factual findings to support that ruling

Ford v. The State
Publication Date: 2024-07-16
Practice Area: Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Presiding Justice Peterson
Attorneys:
For plaintiff: Lucile Miller Ruiz, (Georgia Public Defender Council - Appellate Division), Atlanta, for appellant.
For defendant: Patricia B. Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Christopher M. Carr, Chelsea Sharonlyn-Clyde Harvey, (Department of Law), Atlanta, Ruth M. Pawlak, Fani T. Willis, Kevin Christopher Armstrong, (Fulton County District Attorney's Office), Atlanta, for appellee.
Case number: S24A0101

Court affirms convictions for malice murder and other crimes over defendant's contention of insufficient evidence, improper witness testimony, and erroneous admission of evidence

McCabe v. The State
Publication Date: 2024-07-16
Practice Area: Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Justice Ellington
Attorneys:
For plaintiff: Leigh Ann Webster, (Strickland Webster, LLC), Atlanta, Ashleigh Bartkus Merchant, (The Merchant Law Firm, P.C.), Marietta, for appellant.
For defendant: Patricia B. Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, for appellee; Sheila Ann Ross, (Prosecuting Attorney's Council of Georgia), Morrow, Deborah Gonzalez, (Western Circuit District Attorney's Office), Athens, for appellee.
Case number: S24A0293

Court affirms felony murder convictions despite defendants' claims of insufficient evidence, juror misconduct, trial court error, and claims of ineffective assistance

Omstead v. BPG Inspection, LLC et al.
Publication Date: 2024-07-15
Practice Area: Contracts | Wrongful Death
Industry: Construction
Court: Georgia Supreme Court
Judge: Justice McMillian
Attorneys:
For plaintiff: James Darren Summerville, Kristopher Robert Alderman, (The Summerville Firm, LLC), Atlanta, Lance D. Lourie, Stephen Roberts Chance, Andrew John King, (Lourie Chance Forlines Carter & King, PC), Atlanta, for appellant.
For defendant: Leah Ward Sears, Edward Davison Burch, Jr., Edward H. Wasmuth, Jr., (Smith, Gambrell & Russell, LLP), Atlanta, Charles Samuel Conerly, (Smith Conerly, LLP), Carrollton, for appellee; Meagan Myers Hanson, (Georgians For Lawsuit Reform), Atlanta, Atlanta,, Kevin Bradford Sears, (Kilpatrick Townsend & Stockton LLP), Atlanta, for Amicus Appellee; Madeleine Norine Simmons, (Stewart Miller Simmons), Atlanta, Madeline Elizabeth McNeeley, (Harris Lowry Manton LLP), Brookhaven, Caleb Frank Walker, (The McArthur Law Firm), Macon, for Amicus Appellant.
Case number: S23G0771

Court affirms enforceability of one-year contractual limitation for filing tort and contract suits against a contractor, holding that the limitation is not void as against public policy

In the Interest of I. P. et al. (children).
Publication Date: 2024-07-12
Practice Area: Civil Procedure | Family Law
Industry:
Court: Georgia Court of Appeals
Judge: Judge Markle
Attorneys:
For plaintiff: Amber Walden, (The Fine Print Legal Consulting, LLC), Atlanta, for appellant.
For defendant: Calandra Harps, Christopher Carr, (Attorney General), Atlanta, Gretchen Howard, (Jahn & Associates), Atlanta, for appellee; Marcea Flowers, Conyers, Bonnie Binkley, (Binkley Law GA), Atlanta, Sylvia Lester, (Attorney at Law), Marietta, for other party.
Case number: A24A0162

Court vacates juvenile court's dependency order due to failure to serve amended petition on the mother of the dependent children

Miller v. Polk et al.
Publication Date: 2024-07-10
Practice Area: Medical Malpractice
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys:
For plaintiff: Felicia Rowe, (Rowe & Rowe LLC), Tucker, for appellant.
For defendant: Terrell Benton, (Hall Booth Smith, P.C.), Atlanta, Sheila Kazemian, (Attorney at Law), Atlanta, for appellee.
Case number: A24A0404

Court affirms summary judgment in favor of anesthetist staffing companies in negligent credentialing case, finding that staffing companies have no credentialing duties

Ferguson et al. v. Spraggins
Publication Date: 2024-07-09
Practice Area: Insurance Law | Personal Injury
Industry:
Court: Georgia Court of Appeals
Judge: Judge Brown
Attorneys:
For plaintiff: Charles Adams, (Kenneth S. Nugent, P.C.), Macon, Caroline Herrington, Ashley Pitts, (Adams & Jordan PC), Macon, Alex Kaplan, (Brimberry Kaplan & Brimberry, PC), Albany, for appellant.
For defendant: Sean Gill, (Gower Wooten Darneille, LLC), Atlanta, for appellee; Franklin Coleman, (Drew Eckl & Farnham), Albany, Barbara Marschalk, (Drew Eckl & Farnham), Atlanta, William Larsen, (Martin Snow, LLP), Macon, Matthew Lawrence, Jeremy Willis, (Young, Thagard, Hoffman, Smith, Lawrence & Shenton), Valdosta, for other Party.
Case number: A24A0853

Court affirms summary judgment for defendant in wrongful death- automobile accident case following execution of imited liability release by plaintiffs

Milliken v. C. Merrill Construction, LLC
Publication Date: 2024-07-05
Practice Area: Contractual Disputes | Dispute Resolution
Industry: Construction
Court: Georgia Court of Appeals
Judge: Judge Brown
Attorneys:
For plaintiff: James Enoch, (Attorney at Law), Augusta, Edward Tarver, (Enoch Tarver PC), Augusta, for appellant.
For defendant: Benjamin Colson, (Broucek & Colson, LLC), Statesboro, Samuel Broucek, (Attorney at Law), Statesboro, for appellee.
Case number: A24A0348

In a construction contract dispute, court affirms denial of motion to dismiss, reverses denial of motion to compel arbitration, vacates discovery orders, and remands with direction

Meadows v. Dollar General Store
Publication Date: 2024-07-04
Practice Area: Premises Liability
Industry: Retail
Court: Georgia Court of Appeals
Judge: Judge Markle
Attorneys:
For plaintiff: Allen Johnson, (Attorney at Law), Augusta, for appellant.
For defendant: Erica Morton, Jordan Mahoney, (Swift Currie McGhee & Hiers, LLP), Atlanta, for appellee.
Case number: A24A0347

Court affirms summary judgment for Dollar General in premises liability case where injured plaintiff had equal knowledge of a hazardous condition that was static, open, and obvious

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