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  • In the Interest of R. J. A., a Child

    Publication Date: 2022-09-16
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Eric Crawford, (Crawford and Boyle, LLC), Monroe, for appellant.
    for defendant: Patsy Austin-Gatson, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, Brandon Delfunt, (Attorney at Law), Lawrenceville, Cora Fisher, (Gwinnett County District Attorney Office), Doraville, for appellee.
    Case Number: A22A1062

    Court affirms re-transfer of a rape case against a 16-year old from juvenile to superior court, where the superior court had originally transferred the case to juvenile court

  • Lawson v. The State

    Publication Date: 2022-09-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Jennifer Cross, (Augusta Judicial Circuit Office of the Public Defender), Augusta, for appellant.
    for defendant: Joshua Smith, Jared Williams, (District Attorney’s Office Augusta Judicial Circuit), Augusta, for appellee.
    Case Number: A22A1100

    Court affirms conviction for aggravated child molestation over defendant's challenge to admission of his prior convictions and other contentions of trial court error

  • Merchant v. The State

    Publication Date: 2022-09-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: David Willingham, (Willingham Law Firm, P.C.), Marietta, for appellant.
    for defendant: Melissa Tatum, (Deputy Chief Assistant Solicitor-General), Marietta, Barry Morgan, (Cobb Solicitor General), Marietta, Anda Griner, (Portnoy, Garner & Nail), Atlanta, for appellee.
    Case Number: A22A1153

    Court affirms conviction for simple battery over defendant's contentions of insufficient evidence, deprivation of rights, and ineffective assistance of counsel.

  • In the Interest of K. P., a Child

    Publication Date: 2022-09-08
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Amber Walden, (The Fine Print Legal Consulting, LLC), Atlanta, for appellant.
    for defendant: Christopher Carr, Shalen Nelson, (Attorney General), Atlanta, Emily Harris, (Department of Law), Atlanta, Whitney Kenner Jones, (Kenner Jones Law LLC), Douglasville, for appellee; Valerie Gordon, (Douglas County Juvenile Court - Juvenile Public), Douglasville, Ann Mathis, Douglasville, Randy Duke, Douglasville.
    Case Number: A22A0921

    Court reverses finding of mootness that was used to justify denial of a motion to vacate a protective order and remands for consideration of the merits of the motion

  • August 29, 2022 | Daily Report Online

    Appeals Court: Plaintiff Failed to Prove Causation Between Delay In Medical Treatment and Wife's Death

    A plaintiff suing hospital defendants for negligence on behalf of a deceased plaintiff must prove a causation between that death and a delay in treatment by a doctor, the Georgia Court of Appeals ruled Thursday.

    4 minute read

  • August 26, 2022 | Daily Report Online

    'There Was No Regulation': Court Grapples With Fault, Reasonable Care in Care-Home Death

    "Because jury questions exist as to whether Felton Manor had superior knowledge that the automatic doors posed a hazard to its residents and whether Baney failed to exercise ordinary care for his own safety, we reverse the trial court's grant of summary judgment to Felton Manor," the Georgia Court of Appeals decided.

    7 minute read

  • August 12, 2022 | Daily Report Online

    Lawyers Seek to Collect $278K in Attorney Fees After Arbitration Award; Challenge 'Rule 68'

    "They say that, because the case started in superior court, that it is subject to Rule 68," argued appellee attorney David J. Marmins. "They do not cite a case for this. There's no statute, no rule, regulation nor law."

    6 minute read

  • Augustin et al. v. Walker Lake Emergency Group, PC

    Publication Date: 2022-08-10
    Practice Area: Contracts
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Joseph Maguire, Robert Kozloski, (Parks, Chesin & Walbert, P.C.), Atlanta,or appellant.
    for defendant: Jeffrey Schwartz, (Jackson Lewis P.C.), Atlanta, Thomas Tate, (Andersen, Tate & Carr, P.C.), Duluth, for appellee.
    Case Number: A22A0833

    Court affirms summary judgment for health care company and rejects terminated physicians' breach of contract argument because their agreements authorized termination

  • August 4, 2022 | Daily Report Online

    Court Weighs Commissioner's Authority in Free-standing Emergency Department

    "The hearing officer cannot limit the commissioner's authority to interpret law and make policy by cherry picking facts," argued Assistant Attorney General Cathelynn Tio.

    7 minute read

  • Backman v. Backman

    Publication Date: 2022-07-27
    Practice Area: Immigration Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Kathy Portnoy, (Portnoy, Garner & Nail, LLC), Atlanta, for appellant.
    for defendant: Beverly Cohen, (Attorney at Law), Roswell, Norman Cuadra, (Norman H. Cuadra, P.C.), Lawrenceville, for appellee.
    Case Number: A22A0428

    Immigrant's sponsor had a federal support obligation notwithstanding a waiver of support in a prenuptial agreement, but that obligation was limited by her income