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  • Heritage Roof Truss, Inc. v. Leeper et al.

    Publication Date: 2022-11-30
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Barbara Marschalk, Michelle Whitelaw, (Drew Eckl & Farnham LLP), Atlanta, for appellant.
    for defendant: Chad Reed, (Attorney at Law), Marietta, Cory Close, (Busch Reed & Jones, P.C.), Marietta, for appellee; Chad Shultz, Vernon Hill, (Gordon Rees Scully Mansukhani LLP), Atlanta, Ryan Wilhelm, (Lewis Brisbois Bisgaard & Smith, LLP), Atlanta, Nanette Wesley, (Wesley Firm, LLC), Roswell, Samantha Skolnick, (Bloom Parham LLP), Atlanta, for other party.
    Case Number: A22A1066

    Court reverses denial of motion to dismiss amended complaint where defendant was added after expiration of statute and did not know it would be named as a party

  • Chausmer et al. v. Gottlieb et al.

    Publication Date: 2022-11-21
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Aaron Chausmer, (Chausmer Law LLC), Atlanta, for appellant.
    for defendant: Darryl Haynes, (Lynn Leonard & Associates), Atlanta, for appellee.
    Case Number: A22A0620

    Court affirms summary judgment in favor of one property owner whose tree fell and damaged another owner's house, finding no evidence of knowledge of a defect

  • 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

  • Mayorga v. Benton

    Publication Date: 2022-08-04
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jonathan Grunberg, Nicole Wade, George Wilson, (Wade, Grunberg & Wilson, LLC), Atlanta, for appellant.
    for defendant: Douglas Clayton, Leah Parker, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, for appellee; Mark Scott, (Fain, Major & Brennan, P.C.), Atlanta, for other party.
    Case Number: A22A0316

    Court reverses dismissal of emotional distress claim and affirms dismissal of negligence claim by a father in a same-sex marriage whose daughter committed suicide

  • Arbor Management Services, LLC v. Hendrix et al.

    Publication Date: 2022-07-19
    Practice Area: Personal Injury | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Thomas Graham, Erin Coia, (Hall Booth Smith, PC), Atlanta, Teresa Tomlinson, (Hall Booth Smith, PC), Columbus, for appellant.
    for defendant: William Atkins, Roderick Edmond, Keith Lindsay, (Edmond, Lindsay & Hoffler. LLP), Atlanta, for appellee; Bryan Lutz, (Alston & Bird, LLP), Atlanta, Jarome Gautreaux, (Gautreaux & Sizemore, LLC), Macon, for AM.
    Case Number: A22A0068

    Court reverses denial of motion to dismiss a complaint for negligence over a COVID-related death because plaintiff's conduct did not rise to a level of gross negligence

  • Gainey v. The State

    Publication Date: 2022-06-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Robert Persse, Savannah, for appellant.
    for defendant: Charles Higgins, (District Attorney's Office for the Brunswick Judicial Circuit), Brunswick, Benjamin Gephardt, (District Attorney's Office for the Brunswick Judicial Circuit), Kingsland, for appellee.
    Case Number: A22A0226

    Court affirms convictions for sexual battery and child molestation over defendant's claims of ineffective assistance of counsel and violations of Fourth Amendment rights

  • Harris v. The State

    Publication Date: 2022-06-24
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Leigh Stevens Schrope, Elizabeth Ann Brandenburg, (Law Firm of Shein & Brandenburg), Decatur, Benjamin A. Davis, Jr., Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, Fani T. Willis , Lyndsey Hurst Rudder , Richard Benjamin Caplan , (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S22A0414

    Any Error in Admitting Text Messages Sent To and From Phone Number Associated With Defendant Was Harmless

  • City of Suwanee v. Padgett et al.

    Publication Date: 2022-06-17
    Practice Area: Premises Liability
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Richard Carothers, (Attorney at Law), Buford, Karen Thomas, (Carothers & Mitchell, LLC), Buford, for appellant.
    for defendant: Bruce Hagen, Matthew Hagen, (Hagen Rosskopf, LLC), Decatur, Naveen Ramachandrappa, Matthew Sellers, (Bondurant, Mixson & Elmore LLP), Atlanta, for appellee.
    Case Number: A22A0338

    Court affirms denial of a City's motion to dismiss a slip and fall action, finding that claimants filed a proper ante litem notice and raised genuine issues of fact

  • Morse et al. v. Suntrust Bank, N.A. et al.

    Publication Date: 2022-06-13
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: William Sheppard, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, for appellant.
    for defendant: John Sugg, (Davis Matthews & Quigley PC), Atlanta, Thomas Cauthorn, (Cauthorn Nohr & Owen), Marietta, Justin O'Dell, Leslee Hungerford, Nicholas Booth, (O'Dell & O'Neal), Marietta, Roy Paul, (Meyer & Sayers, LLP), Savannah, W. Settle, (Thomas & Settle), Waycross, Clay O'Daniel, Keith O'Daniel, (O'Daniel McDonald, LLC), Atlanta, for appellee.
    Case Number: A22A0200

    Court concludes that adopted adults are proper beneficiaries of a Will that established trusts for grandchildren of its beneficiaries

  • Carlisle v. Broe

    Publication Date: 2022-04-06
    Practice Area: Business Torts | Contractual Disputes
    Industry: Entertainment and Leisure | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Robert Strickland, (Smith, Welch, Webb & White, LLC), McDonough, Timothy Shepherd, (Timothy N. Shepherd, LLC), Griffin, for appellant.
    for defendant: James Johnson, (Johnson Trial Law, LLC), Decatur, for appellee.
    Case Number: A21A1809

    Disputed Issues of Material Fact Precluded Summary Judgment in Bar Owner's Claim Against Manager For Breach of Fiduciary Duty