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November 2, 2023 | Daily Report Online

All Aboard: MARTA Appeal on Track for Supreme Court Challenge in January

Before the Georgia Supreme Court in January, opposing appellate counsel will argue whether "the Metropolitan Atlanta Rapid Transit Authority a 'carrier of passengers' subject to the duty of care" under Georgia law.

8 minute read

Unique Auto Sales, LLC et al. v. Dunwody Insurance Agency et al.

Publication Date: 2023-09-06
Practice Area: Insurance Litigation
Industry: Insurance
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys: For plaintiff: Reuben Akin, (Attorney at Law), Macon, Charles Cork, (Attorney at Law), Decatur, for appellant.
for defendant: Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, Ernest Satterfield, Thomas Haswell, (Hall Booth Smith, P.C.), Atlanta, for appellee; Kenneth Jones, (Five Star Automotive), Atlanta, other party.
Case Number: A23A0697

Court affirms summary judgment that an insurer was not liable for an insured party's losses due to plain language of exclusions in a policy

Nanoventions, LLC v. Daniels

Publication Date: 2023-08-22
Practice Area: Damages
Industry:
Court: Georgia Court of Appeals
Judge: Judge Land
Attorneys: For plaintiff: Stuart Mones, (Attorney at Law), Atlanta, for appellant.
for defendant: Steven Daniels, (Montgomery State Prison), Mt. Vernon, Bonnie Hutchinson, Cumming, for appellee.
Case Number: A23A0295

Court reverses order denying damages against a defendant in a RICO case against whom a default judgment was entered, and reverses and remands on an attorney fee issue

Brown v. The State

Publication Date: 2023-08-21
Practice Area: Criminal Law
Industry:
Court: Georgia Court of Appeals
Judge: Judge Brown
Attorneys: For plaintiff: Stanley Schoolcraft, (Circuit Public Defender’s Office), McDonough, for appellant.
for defendant: Elizabeth Baker, (Griffin Judicial Circuit District Attorney Fayette County District Attorney’s Office), Fayetteville, Marie Broder, (Spalding County District Attorney’s Office), Griffin, for appellee.
Case Number: A23A0704

Business Entity Named as Payor on Stolen Check Was "Person" Within Meaning of Identity Fraud Statute

Hall County v. Cook Communities

Publication Date: 2023-08-16
Practice Area: Land Use and Planning
Industry: State and Local Government
Court: Georgia Court of Appeals
Judge: Judge Phipps
Attorneys: For plaintiff: Dana Maine, Marrissa Dunn, (Freeman Mathis & Gary LLP), Atlanta, Kevin Ketner, Atlanta, for appellant.
for defendant: Jane Range, (Hulsey, Oliver & Mahar), Gainesville, for appellee.
Case Number: A23A0055

Court affirms an order denying County's motion to dismiss a lawsuit challenging a rezoning decision, finding that the challenge was legislative and not quasi-judicial.

Whitaker Farms, LLC v. Fitzgerald Fruit Farms, LLC

Publication Date: 2023-08-15
Practice Area: Damages | Evidence
Industry: Agriculture
Court: Georgia Court of Appeals
Judge: Judge Gobeil
Attorneys: For plaintiff: John Christy, (Schreeder, Wheeler & Flint), Atlanta, Nathan Lee, (Glover & Davis, P.A.), Newnan, Frank Lowrey, (Bondurant, Mixson & Elmore), Atlanta, Edwin Page, Atlanta, for appellant.
for defendant: Nowell Berreth, (Alston & Bird LLP), Atlanta, Max Marks, (The Block Firm, LLC), Atlanta, for appellee.
Case Number: A23A0438

Court affirms punitive damages and fee awards for a lessee of farm property after a successor lessor locked the lessee out of the property with malice and in bad faith

Payton et al. v. City of College Park et al.

Publication Date: 2023-08-09
Practice Area: Government | Personal Injury | Wrongful Death
Industry: State and Local Government
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys: For plaintiff: Carson Jeffries, (Carter Jeffries, LLC), Atlanta, Greg Willis, (Willis Law Firm), Atlanta, for appellant.
for defendant: Sun Choy, (Freeman Mathis Gary, LLP), Atlanta, Matthew Bennett, (Bennett Law Office, LLC), Griffin, Sara Brochstein, Peachtree City, Arthur Park, (Mozley Finlayson & Loggins, LLP), Atlanta, for appellee.
Case Number: A22A0739

Ante Litem Notices to City of Damages Claim Failed to Specify Amount of Monetary Damages Sought

May 30, 2023 | Daily Report Online

Several Charges Dropped as Judicial Misconduct Case Resumes Against Judge

The Judicial Qualifications Commission of Georgia heard dispositive motions Tuesday in the ethics probe of Douglas County Probate Judge Christina Peterson.

6 minute read

The Bondsman, Inc. et al. v. Keybo Taylor, Sheriff of Gwinnett County

Publication Date: 2023-04-04
Practice Area: Government
Industry: State and Local Government
Court: Georgia Court of Appeals
Judge: Chief Judge Rickman
Attorneys: For plaintiff: Michael Bowers, Jeremy Akin, Lucas Boggs, (Johnson Marlowe LLP), Athens, for appellant.
for defendant: Sun Choy, Jacob Daly, (Freeman, Mathis & Gary, LLP), Atlanta, Robert Marcovitch, (Sinton Scott Minock & Kerew), Atlanta, Tuwanda Williams, (Gwinnett County Law Dept.), Lawrenceville, Preston Ehlers, Atlanta, for appellee; Kellye Moore, (Attorney at Law), Perry, for other party.
Case Number: A22A1370

Court vacates summary judgment order and remands for determination of whether a bondsperson did not meet financial obligations required for renewal of a license.

Freeport Title & Guaranty, Inc., as Trustee of the 1080 Bethlehem Church Trust v. Braswell et al.

Publication Date: 2023-03-31
Practice Area: Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Phipps
Attorneys: For plaintiff: John Clark, (Clark Caskey, LLC), Atlanta, for appellant.
for defendant: N. Wages, (Attorney at Law), Winder, for appellee.
Case Number: A23A0442

Court affirms a judgment order in favor of grantors on a grantee's action to quiet title to a parcel of property where security deed created a continuing security interest