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  • Mancuso v. Cadles of West Virginia, LLC

    Publication Date: 2024-02-20
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Peter Mancuso, Conyers, for appellant.
    for defendant: Donald Suessmith, (McCurdy & Candler, L.L.C.), Decatur,for appellee.
    Case Number: A23A1379

    Court reverses revival of dormant judgment due to improper service by a private process server, rather than a county sheriff as required by statute

  • Pineda v. Lewis et al.

    Publication Date: 2023-10-26
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Husser, (Husser & Husser, P.C.), Rome, for appellant.
    for defendant: Melissa Hise, (Palmour Law Firm), Summerville, Albert Palmour, (Attorney at Law), Summerville, Albert Palmour, Summerville, for appellee.
    Case Number: A23A0909

    Court reverses probate court's grant of private way because party seeking that right did not establish a prescriptive right but only a historical permissive use of a shared driveway

  • Rush v. The State

    Publication Date: 2023-08-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Brock Johnson, (Johnson Law Firm LLC), Gainesville, for appellant.
    for defendant: William Langley, (District Attorney), Blairsville, Blair Mahaffey, (Assistant District Attorney Lumpkin County District Attorney’s Office), Dahlonega, for appellee,
    Case Number: A23A0637

    Court affirms drug convictions over defendant's challenge to legality of a traffic stop and the prolonging of that stop, and contentions of an illegal search

  • Morgan v. Mainstreet Newspapers, Inc.

    Publication Date: 2023-07-19
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Kenneth Lewis, (Lewis & Murphy, LLP), Winder, for appellant.
    for defendant: David Hudson, David Hudson, (Hull Barrett, PC), Augusta, for appellee.
    Case Number: A23A0464

    Court affirms dismissal of councilman's lawsuit for libel against a newspaper because the paper's article was protected under the anti-SLAPP statute

  • Antonio Cecil Maxwell v. The State

    Publication Date: 2023-03-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: David Lock, (David T. Lock, LLC), Savannah, for appellant.
    for defendant: Michael Edwards, Shalena Jones, (Eastern Judicial Circuit District Attorney’s Office), Savannah, for appellee.
    Case Number: A22A1697

    Court affirms convictions for rape and kidnapping over defendant's contentions of failure to suppress statements and to sever offenses, and objections to a jury charge

  • Whitcomb v. Bank of America, N.A. et al.

    Publication Date: 2022-11-23
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Michael Bain, Douglas Flint, (Flint, Connolly & Walker, LLP), Canton, for appellant.
    for defendant: Bret Chaness, (Rubin Lublin, LLC), Peachtree Corners, Kearstin Sale, (Seyfarth Shaw, LLP), Atlanta, for appellee.
    Case Number: A22A1131

    Bank Was Entitled to Reformation of Security Deed Based on Mutual Mistake of Borrower and Original Lender

  • Oldham et al. v. Landrum, III et al.

    Publication Date: 2022-04-19
    Practice Area: Litigation
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Larry Oldham, (Larry C. Oldham, P.C.), Cumming, for appellant.
    for defendant: Dana Maine, Mallory Ball, (Freeman Mathis & Gary, LLP), Atlanta, Charles Marsh, (Swift, Currie, McGhee & Hiers), Atlanta, Henry Tharpe, (Sponcler & Tharpe, LLC), Dalton, Myrece Johnson, (Attorney at Law), Atlanta, for appellee.
    Case Number: A21A1271

    Court vacates dismissal of abusive litigation complaint and remands for determination of whether real party-in-interest should be added as a plaintiff

  • Driskell v. Dougherty County et al.

    Publication Date: 2022-04-18
    Practice Area: Contractual Disputes
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Jon-Selby Hawk, (Morgan & Morgan Atlanta PLLC), Macon, for appellant.
    for defendant: Jason Lewis, Jessica Haygood, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, Sun Choy, Jacob Daly, (Freeman Mathis Gary, LLP), Atlanta, for appellee.
    Case Number: A21A1279

    Court affirms summary judgment for County in a tort case where County did not exercise mutual control over a City employee under an intergovernmental agreement

  • Stillwell v. Topa Insurance Company

    Publication Date: 2022-04-05
    Practice Area: Civil Procedure | Insurance Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Frederick Burkey, (The Burkey Law Firm, P.C.), Atlanta, Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Seth Friedman, Ronald Masterson, Victoria Munian, (Lewis Brisbois Bisgaard & Smith), Atlanta, for appellee; Kevin Branch, (McMickle, Kurey & Branch LLP), Alpharetta, Kenneth Barre, (Downey & Cleveland, LLP), Marietta, for other party.
    Case Number: A21A1752

    Plaintiff Had Standing to Sue Insurer Where Trial Court Had Subject Matter Jurisdiction Over Issues Presented in Complaint.

  • Williams, III et al. v. Georgia Ports Authority et al.

    Publication Date: 2022-04-04
    Practice Area: Personal Injury
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Noble Boykin, (Jones, Boykin & Associates), Savannah, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Jared Campbell, Angela Cusimano, (Georgia Department of Law), Atlanta, Edgar Smith, (Morgan & Morgan, PA), Savannah, for appellee.
    Case Number: A21A1313

    Court reverses dismissal of negligence complaint against an individual, finding that he did not have Eleventh Amendment immunity under federal maritime law