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Diakiw v. Stites Mgmt., L.L.C.
Publication Date: 2023-12-04
Practice Area: Business Torts | Civil Appeals | Contractual Disputes
Industry:
Court: Court of Appeals
Judge: Justice Zimmerer
Attorneys:
For plaintiff:
For defendant:
Case number: 14-22-00439-CV

The owner of a precast concrete company, who left the company to form a new company and was found liable by a jury for various business torts, failed to prove on appeal that he was entitled to relief.

Inquiry Concerning Judge Christian Coomer.
Publication Date: 2023-09-07
Practice Area: Court Administration | Legal Ethics and Attorney Discipline
Industry: Legal Services
Court: Georgia Supreme Court
Judge: Per Curiam
Attorneys:
For plaintiff: Charles Prescott Boring, (Robbins Alloy Belinfante Littlefield), Atlanta, Courtney Mays Veal, (Judicial Qualifications Commission), Marietta, Anna Green Cross, (Cross Kincaid LLC), Decatur, for appellant.
For defendant: Dennis T. Cathey, (Cathey & Strain, LLC), Cornelia, Mark Daniel Lefkow, (Copeland, Stair, Valz & Lovell, LLP), Atlanta, Johannes S. Kingma, (Stites & Harbison, PLLC), Atlanta, for appellee; Robert Charles Iverson McBurney, (Superior Court of Fulton County), Atlanta, for other party.
Case number: S21Z0595

Judge's Numerous Bad Faith Violations of Code of Judicial Conduct Warranted Removal From Office

Low et al. v. Swift et al.
Publication Date: 2023-07-05
Practice Area: Civil Appeals
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: Frederick Low, Darlene Low, St. Mary's, for appellant.
For defendant: William Newcomb, (Stites & Harbison PLLC), Atlanta, James Roberts, Theresa Beaton, (Roberts Tate, LLC), St. Simons Island, for appellee.
Case number: A23A0077

Court dismisses appeals to a denial of a motion to set aside a summary judgment order in a real estate fraud matter because it had no jurisdiction over the appeals

Reed v. Goertz
Publication Date: 2023-04-19
Practice Area: Criminal Law
Industry:
Court: U.S. Supreme Court
Judge: Judge Kavanaugh
Attorneys:
For plaintiff:
For defendant:
Case number: 21-442

Statute of limitations on §1983 procedural due process claim challenging state post-conviction DNA testing law does not begin to run until state litigation ends

Inquiry Concerning Judge Christian Coomer.
Publication Date: 2023-04-12
Practice Area: Court Administration | Legal Ethics and Attorney Discipline
Industry: Legal Services
Court: Georgia Supreme Court
Judge: Per Curiam
Attorneys:
For plaintiff: Charles Prescott Boring, (Judicial Qualifications Commission), Atlanta, Courtney Mays Veal, (Judicial Qualifications Commission), Marietta, Anna Green Cross, (Cross Kincaid LLC), Decatur, for appellant.
For defendant: Dennis T. Cathey, (Cathey & Strain, LLC), Cornelia, Mark Daniel Lefkow, (Copeland, Stair, Valz & Lovell, LLP), Atlanta, Johannes S. Kingma, (Stites & Harbison, PLLC), Atlanta, for appellee; Robert Charles Iverson McBurney, (Superior Court of Fulton County), Atlanta, for other party.
Case number: S21Z0595

Judicial Qualifications Commission Lacked Jurisdiction Over Conduct Occurring Before Person Became Judge or Candidate

BCG Operations, LLC v. Town of Homer et al.; and vice versa
Publication Date: 2023-02-27
Practice Area: Land Use and Planning
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: Robert Reeves, Jaletta Smith, (Andersen Tate & Carr, P.C.), Duluth, Matthew Smith, Daniel Dupree, (Smith Gilliam Williams & Miles PA), Gainesville, Patrick Testa, (Miller & Martin PLLC), Atlanta, for appellant.
For defendant: Johannes Kingma, Daniel Millman, (Stites & Harbison PLLC), Atlanta, R. Syfan, (Hulsey, Oliver and Mahar, LLP), Gainesville, for appellee.
Case number: A22A1183

Court affirms denial of motion for summary judgment on damages where petitioner had already been awarded a writ of mandamus, and dismisses cross-appeal as moot

Coe et al. v. Proskauer Rose, LLP
Publication Date: 2022-10-04
Practice Area: Civil Procedure | Legal Malpractice | Tax
Industry: Accounting | Legal Services
Court: Georgia Supreme Court
Judge: Justice McMillian
Attorneys:
For plaintiff: Joshua Barrett Belinfante, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, Jeven Robinson Sloan, (Loewinsohn Deary Simon Ray LLP), Dallas, Harry W. MacDougald, (Caldwell, Carlson, Elliott & Deloach, LLP), Atlanta, for appellant.
For defendant: Harold David Melton, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Mark G. Trigg, (Dentons US LLP), Atlanta, Shari Lynn Klevens, (Dentons US LLP), Washington, David M. Lederkramer, (Proskauer Rose), New York Lisa S. Blatt, (Williams & Connolly LLP), Washington, for appellee; Johannes S. Kingma, Jeffrey Charles Hoffmeyer, (Stites & Harbison PLLC), Atlanta, Laurie Webb Daniel, (Webb Daniel Friedlander LLP), Atlanta, for Amicus Appellee.
Case number: S21G1250

Material Factual Dispute Existed as to When Clients Learned Law Firm Was Not Independent of Client's Accounting Firm

Michael Smith v. Parks Hotels & Resorts, Inc. et al.
Publication Date: 2022-07-01
Practice Area: Civil Appeals
Industry: Hospitality and Lodging
Court: Georgia Court of Appeals
Judge: Presiding Judge Dillard
Attorneys:
For plaintiff: Kurt Kastorf, (Kastorf Law), Atlanta, Robert Hughes, (Robert W. Hughes, Jr. & Associates, PC), Lawrenceville, Frank Ilardi, (Ilardi Law, LLC), Atlanta, Shannon Sprinkle, Matthew Gass, (Stites & Harbison PLLC), Atlanta, for appellant.
For defendant: Shubhra Mashelkar, Patrick Moore, (Weinberg, Wheeler, Hudgins, Gunn & Dial), Atlanta, for appellee.
Case number: A22A0388

Court affirms denial of motion to set aside a workers' compensation settlement and a defendant's challenge to a finding regarding a non-amendable defect in the record

Ellis v. Oles et al.
Publication Date: 2022-06-09
Practice Area: Attorney Compensation | Civil Procedure | Contractual Disputes
Industry: Legal Services
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys:
For plaintiff: Tatyana Ellis, Cumming, for appellant.
For defendant: Jeffrey Hoffmeyer, William Newcomb, (Stites & Harbison PLLC), Atlanta, for appellee.
Case number: A22A0440

Any Error in Excluding Expert's Affidavit in Support of Summary Judgment Motion Was Harmless

Reed v. Goertz
Publication Date: 2021-05-03
Practice Area: Civil Procedure | Criminal Appeals | Criminal Law
Industry:
Court: U.S. Court of Appeals for the Fifth Circuit
Judge: Circuit Judge Elrod
Attorneys:
For plaintiff:
For defendant:
Case number: 19-70022

Appellant brought a post-conviction motion for DNA testing pursuant to Texas law; his claim was barred by the statute of limitations.

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