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  • 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

  • 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

  • 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)

  • Vantage Cancer Centers of Georgia, LLC et al. v. Georgia Department of Community Health et al.

    Publication Date: 2024-03-20
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Chief Justice Boggs
    Attorneys: For plaintiff: Keith Robert Blackwell, William Joseph Repko, III, (Alston & Bird LLP), Atlanta, Charles L. Gregory, John Warner Ray, (Ray & Gregory, LLC), Atlanta, for appellant.
    for defendant: Margaret Kemmerly Eckrote, Daniel Stephen Walsh, Christopher M. Carr, Charles K. Thimmesch, Jeffrey William Stump, Andrew Bain McClintock, (Department of Law), Atlanta, Robert Michael Rozier, Dorothy Hubbard Cornwell, (Baker & Hostetler LLP), Atlanta, Robert Sparks Highsmith, Jr., Allen Andre Hendrick, Talis Colgan Trevino, Laurie Wells Trompeter, (Holland & Knight LLP), Nashville, for appellee; Armando Luis Basarrate, II, David Boone Darden, Jameson B. Bilsborrow, (Parker Hudson Rainer & Dobbs, LLP), Atlanta, for other party.
    Case Number: S23G0405

    Court clarifies standard of review that Community Health Commissions must apply in evaluating hearing officer's factual findings in an application for a health care Certificate of Need

  • In the Interest of K. M., et al., Children (Mother)

    Publication Date: 2024-02-22
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Coleman Brice, (C. Brice Law, LLC), Valdosta, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Charles Reddick, (Charles R. Reddick, P.C.), Homerville, Shalen Nelson, Atlanta, Emily Harris, Atlanta, Bryan Rumker, (Bryan Rumker Attorney at Law, LLC), Douglas, for appellee; John Edwards, (Attorney at Law), Valdosta, for Other party.
    Case Number: A23A1311

    Court reverses juvenile court's dependency order for lack of clear and convincing evidence of abuse or neglect

  • Simmons v. The State

    Publication Date: 2023-09-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Steven Harrison, (Public Defenders Office Oconee Judicial Circuit), Eastman, for appellant.
    for defendant: Timothy Vaughn, Kelli Adams, (Oconee Judicial Circuit District Attorney’s Office), Eastman, for appellee.
    Case Number: A23A0775

    Court reverses denial of a motion to vacate a void sentence for felony sexual battery that was deemed void because the victim was not under 16 at the time of the offense

  • In the Interest of K. R., a Child

    Publication Date: 2023-06-08
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Bryan Villarreal, (Attorney at Law), Cedartown, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Jennifer Ennerberg, (Public Defenders Office Cherokee Judicial Circuit), Cartersville, Shalen Nelson, Mark Cicero, (Assistant Attorney General), Atlanta, for appellee; Evan Stapler, (Attorney at Law), Bremen, Jon Veal, Lisa Dowda, Cedartown, for other party.
    Case Number: A23A0570

    S Dependency Finding Was Supported by Evidence Minor Child Was Physically Abused by Her Adoptive Parent

  • Smith v. Smith

    Publication Date: 2023-02-08
    Practice Area: Family Law | Military Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Kevin Buice, (Kevin B. Buice LLC), Carrollton, for appellant.
    for defendant: Brad McFall, (Gammon, McFall & Villarreal), Cedartown, for appellee.
    Case Number: A22A1443

    Amended Order Impermissibly Modified Ex-Spouse's Entitlement to Portion of Military Retirement Benefits

  • Mulkey v. The State

    Publication Date: 2023-02-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Matthew Winchester, (Law Offices of Matthew K. Winchester), Atlanta, Jason McLendon, (McLendon Law Firm), Atlanta, for appellant.
    for defendant: Elizabeth Racine, Aimee Sobhani, (Douglas County District Attorney), Douglasville, for appellee.
    Case Number: A22A1452

    Court affirms child molestation conviction over defendant's contentions of error regarding admission of prior bad acts evidence from similar charges that were dismissed

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

    Publication Date: 2022-11-25
    Practice Area: Regulation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Christopher Carr, Margaret Eckrote, Daniel Walsh, Crystal Lang, Cathelynn Tio, (Office of the Attorney General, Department of Law), Atlanta, for appellant.
    for defendant: Jason Bring, Michael Gray, Kara Gordon, (Arnall, Golden, Gregory), Atlanta, for appellee; Joshua Belinfante, Daniel Monahan, (Robbins Ross Alloy Belinfante Littlefield, LLC), Atlanta, Kathlynn Polvino, (KBP Law, P.C.), Atlanta, Stephen Ecenia, Jennifer Hinson, (Rutledge Ecenia, P.A.), Tallahassee, for other party.
    Case Number: A22A1013

    Court vacates orders that reversed a Department Health's grant of a Certificate of Need and remands to for Department to vacate and reconsider its decision