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  • Williams v. Regency Hospital Company, LLC et al.

    Publication Date: 2024-11-07
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Michael Hill, (Mayo Hill), Macon, for appellant.
    for defendant: David Nelson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, Sharonda Boyce, (Huff Powell Bailey LLC), Atlanta, for appellee.
    Case Number: A24A1035

    Court of Appeals affirms dismissal of medical malpractice claim, affirming constitutionality of statute limiting tolling for mentally incompetent plaintiffs

  • Shumate v. The State

    Publication Date: 2024-10-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Karen Wilkes, (Tallapoosa Circuit Public Defender), Cedartown, for appellant.
    for defendant: Oliver Browning, Kayleigh Carter, (Polk County District Attorney’s Office), Cedartown, for appellee.
    Case Number: A24A0862

    Court reverses denial of motion to suppress drug evidence where officers did not have a reasonable suspicion to escalate an encounter and conduct a search of the defendant's vehicle

  • City of Milton v. Chang et al.

    Publication Date: 2024-10-11
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Joseph Key, (J. Scott Key, LLC), Madison, for appellant.
    for defendant: Naveen Ramachandrappa, (Bondurant, Mixson & Elmore LLP), Atlanta, Christopher Simon, Tyler Bridgers, (The Simon Law Frim PC), Atlanta, Jed Manton, (Harris Lowry Manton LLP), Atlanta, Madeline McNeeley, (Harris Lowry Manton LLP), Brookhaven, for appellee.
    Case Number: A24A0802

    Court affirms $30 million verdict against the City of Milton in fatal accident case, rejecting City's claims of sovereign immunity, and orders pre-judgment interest and nunc pro tunc judgment

  • In the Interest of D. H., a child.

    Publication Date: 2024-10-10
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Michelle Gopman, (Office of the DeKalb County Public Defender), Decatur, for appellant.
    for defendant: Christopher Carr, Bryan Webb, (Attorney General), Atlanta, Joycelyn Curry, (Georgia Department of Law), Atlanta, Lytia Brown, Joshlynn Clark, (Brown Geiger & Associates), Atlanta, Dana Leader, (Fulton County Office of the Child Attorney), Atlanta, for appellee.
    Case Number: A24A1131

    Georgia Court reverses Alabama court's dependency finding due to lack of jurisdiction under UCCJEA

  • Green Meadows Housing Partners, LP et al v. Macon-Bibb County

    Publication Date: 2024-10-01
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: James Cobb, Michael Eber, Cameron Roberts, (Caplan Cobb LLP), Atlanta, Harold Melton, Charles Peeler, Thomas Reilly, Dominyka Plukaite, (Troutman Pepper Hamilton Sanders LLP), Atlanta, for appellant.
    for defendant: K. Cooke, (Gautreaux Law, LLC), Macon, Michael McNeill, (Macon-Bibb County Attorney’s Office), Macon, for appellee; Michael Lambros, (The Lambros Firm, LLC), Atlanta, for other party.
    Case Number: A24A0693

    Court reverses ex parte order and vacates nuisance findings in a County's public-nuisance case against apartments, and affirms that Civil Practice Act applies to nuisance abatement actions

  • In the Interest of A. E., a Child

    Publication Date: 2024-09-24
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Michelle Gopman, (Office of the DeKalb County Public Defender), Decatur, for appellant.
    for defendant: Calandra Harps, Christopher Carr, Bryan Webb, (Senior Assistant Attorney General), Atlanta, Nathan Hayes, (Attorney at Law), Atlanta, Lytia Brown, Joshlynn Clark, (Brown Geiger & Associates), Atlanta, for appellee; Ronald Richards, (The Law Office of Ronald M. Richards & Associates, LLC), Decatur, for other party.
    Case Number: A24A1018

    Court reverses juvenile court's order that granted temporary custody of a minor child to DFCS, citing insufficient evidence of parental unfitness, and remans case for an evidentiary hearing

  • Dial v. Burge

    Publication Date: 2024-09-23
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Todd Harding, (Attorney at Law), Griffin, for appellant.
    for defendant: LeAnne Cooper, (Petrelli Previtera, LLC), Covington, for appellee.
    Case Number: A24A0885

    Court reverses dismissal of petition for child support modification based on alleged income loss where petition was filed within an exception of the two-year limitation in OCGA § 19-6-15 (k) (2)

  • City of Atlanta v. Perkins

    Publication Date: 2024-09-20
    Practice Area: Civil Procedure | Premises Liability
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Thomas Reilly, Margaret Mathis, William Smith, Mark Bailey, (Troutman Pepper Hamilton Sanders LLP), Atlanta, for appellant.
    for defendant: Dwight Chamberlin, William Gray, (Gray King Chamberlin & Martineau LLC), Atlanta, Maxwell Thelen, Seth Lowry, (Ashby Thelen Lowry), Marietta, for appellee.
    Case Number: A24A0695

    Court affirms spoliation sanctions against City of Atlanta in a negligence action, and affirms trial court's decision to overturns attorney fees award due to a procedural deficiency

  • 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

  • Georgia Department of Community Health v. Houston Hospitals, Inc.

    Publication Date: 2024-08-06
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Christopher Carr, Margaret Eckrote, Charles Thimmesch, (Attorney General), Atlanta, Jeffrey Stump, Chelsea Harvey, (Georgia Department of Law), Atlanta, for appellant.
    for defendant: Jason Bring, (Arnall, Golden, Gregory), Atlanta, Michael Gray, (Walker, Hulbert, Gray & Moore, LLP), Perry, for appellee; Kathlynn Polvino, (KBP Law, P.C.), Atlanta, for other party.
    Case Number: A24A0424

    Court affirms denial of certificates of need for a proposed freestanding emergency healthcare department