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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)

  • 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

  • AU Medical Center, Inc. v. Georgia Department of Community Health, et al.

    Publication Date: 2022-11-23
    Practice Area: Administrative Law | Civil Appeals | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Robert Threlkeld, Elliott Coward, (Morris Manning & Martin, LLP), Atlanta, for appellant.
    for defendant: Joshua Belinfante, Daniel Monahan, (Robbins Ross Alloy Belinfante Littlefield, LLC), Atlanta, Stephen Ecenia, (Rutledge Ecenia, P. A.), Tallahassee, Cathelynn Tio, Christopher Carr, (Office of the Attorney General, Department of Law), Atlanta, Jennifer Hinson, (Rutledge Ecenia, P.A.), Tallahassee, Caylee Noggle, (Commissioner-C/O Office of Health Planning), Atlanta, Charles Thimmesch, (Office of the Attorney General), Atlanta, for appellee.
    Case Number: A22A1148

    Party Challenging Grant of Certificate of Need to Hospital Failed to Raise Claim Its Substantial Rights Were Prejudiced