Cases

Adams, Judge. Mary Jo Cielinski sued the City of Columbus for nuisance arising from its allegedly inadequate drainage system and failure to properly maintain its drainage system, resulting in repeated flooding of her land and her home. Cielinski also asserted a claim for breach of contract. After the trial court denied the City’s motions for summary judgment on both claims, the City sought an interlocutory appeal. We granted t

McFADDEN, Presiding Judge, concurring fully and specially. I concur fully in the majority opinion. Because the pleadings do not indicate the existence of a policy, the only waiver of sovereign immunity that could possibly apply would be the automatic waiver described by the majority and our Supreme Court as a “first-tier” waiver. See Gates v. Glass, 291 Ga. 350, 352-353 (729 SE2d 361) (2012). The m

BENHAM, Justice. This appeal marks the second time a Georgia appellate court has reviewed actions taken by the trial court in this nearly 20-year-old litigation between the City of Columbus and the owner of real property within its boundaries. In 1999, a jury awarded monetary damages and equitable relief, i.e., remediation of the property, to homeowner Kenneth Barngrover. The monetary damages were paid into the registry of t

Mercier, Judge. We have consolidated the appeals in these related cases stemming from P&J Beverage Corporation d/b/a Forrest Road Package Store's lawsuit seeking a writ of mandamus to prevent Columbus 1 from issuing an alcoholic beverage license to The Bottle Shop, LLC, and then seeking to revoke the license once issued. Al

OPINION ALISON J. NATHAN, District Judge. Defendant Synovus Bank removed this matter to this Court from state court on August 10, 2012. (D.E. 1). Synovus Bank has now moved to dismiss this case due to lack of personal jurisdiction or, in the alternative, to transfer it to the Northern District of Georgia under 28 U.S.C. § 1404(a). (D.E. 4). Plaintiff Mills 2011 LLC (“Mills”) opposes these reques

77 S.W.3d 185 (2001) The TERMINIX INTERNATIONAL COMPANY, L.P., et al., v. The TENNESSEE DEPARTMENT OF LABOR, et al. Court of Appeals of Tennessee, Middle Section, at Nashville. November 28, 2001. Permission to Appeal Denied April 29, 2002. *187 Alan G. Crone and James Julius Webb, Jr., Memphis, Tennessee; and Lawrence S. Ebner, W

937 F.Supp. 1546 (1996) J.E. HANGER, INC., Plaintiff, v. Richard C. SCUSSEL, Defendant. Civil Action No. 96-C-901-S. United States District Court, M.D. Alabama, Southern Division. July 30, 1996. *1547 *1548 *1549 Lisa H. Cassilly, Randall D. Grayson, Alston

OPINION WILLIAMS, Circuit Judge: In October 1990, Stansbury Poplar Place, Inc., Stansbury Timonium, Inc., Stansbury 40 West, Inc., Stansbury Perry Hall, Inc., and International Electronic World Limited Partnership, (the debtors) each filed for relief under Chapter 11 of the United States Bankruptcy Code. In November 1990, the United States Trustee appointed the Official Committee of Unsecured Creditors (t

OPINION PER CURIAM: Appellant Gene E. Underwood, Jr., pleaded guilty to manufacturing marijuana. He challenges his sentence on a number of grounds. We affirm. I. Underwood grew marijuana in his Beards Fork, West Virginia, home between 1988 and 1990. He was an occasional seller. On March 22, 1990, dur

556 S.E.2d 114 (2001) 274 Ga. 498 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. MABRY et al. No. S01A0982. Supreme Court of Georgia. November 28, 2001. *115 Powell, Goldstein, Frazer & Murphy, E.A. Simpson, Jr., Linda G. Birchall, Atlanta, *116 Page, Scra

JAMES DICKSON PHILLIPS, Circuit Judge: Davis Distributors, Inc. (Davis), a Chapter 11 debtor, appeals an order granting relief from the automatic bankruptcy stay, 11 U.S.C. § 362(a), to Wilson Mushroom Company (Wilson), which had supplied produce to Davis and is one of Davis’ largest creditors. The district court found that Wilson was entitled to priority as to some estate asset

678 S.E.2d 76 (2009) ROTHSCHILD II et al. v. COLUMBUS CONSOLIDATED GOVERNMENT et al. No. S08G1619. Supreme Court of Georgia. June 8, 2009. *77 Waldrep, Mullin & Callahan, Joseph L. Waldrep, Columbus, Joshua R. McKoon, Phoenix City, AL, for appellants. Hatcher, Stubbs, Land, Hollis & Rothschild, Jorge Vega, Gregory

WILKINSON, Circuit Judge: This declaratory judgment action was brought to determine the rights and obligations of four insurance carriers with respect to two state judgments entered on wrongful death and personal injury claims arising out of an automobile accident. The carriers involved are Consolidated Insurance Company (Consolidated), Protective Casualty Insurance Company (Protective), State Farm Mutual Automobile Insuranc

THE STATE OF SOUTH CAROLINA In The Supreme Court The State, Petitioner, v. Samir Kevin Shank, Respondent. Appellate Case No. 2025-001241 ON WRIT OF CERTIORARI TO THE COURT OF APPEALS Appeal From Greenville County R. Scott Sprouse, Circuit Court Judge Opinion No. 28328 Heard April 21, 2026 – Filed May

724 S.E.2d 894 (2012) 314 Ga. App. 609 PINNACLE BENNING, LLC et al. v. CLARK REALTY CAPITAL, LLC et al. No. A11A2408. Court of Appeals of Georgia. March 6, 2012. *896 Page, Scrantom, Sprouse, Tucker & Ford, Marcus B. Calhoun, Jr., William L. Tucker, Thomas Frederick Gristina, April Halstead Hocutt, Col

OPINION HERBERT F. MURRAY, Senior District Judge: Plaintiffs, the North Carolina Civil Liberties Union and several individual attorneys, brought this Establishment Clause challenge against the Honorable H. William Constangy, a judge of the TwentySixth Judicial District of North Carolina, to permanently enjoin him from opening court with prayer. After a bench trial, the district court enjoined the praye

ERVIN, Circuit Judge: In this appeal, Horst Nemetz seeks reversal of the district court’s denial of his petition for naturalization. 485 F.Supp. 470. For reasons stated below, we grant that reversal. I. Nemetz, a forty-one year old citizen of West Germany, was lawfully admitted to th

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 614 {¶ 1} In this consolidated appeal, plaintiff-appellant, Thomas Cole, appeals from judgments of the Franklin County Court of Common Pleas granting summary judgment in favor of defendants-appellees, Sprouse Sons Drywall, Ltd., and M/I Schottenstein Homes, Inc. For the reasons set forth below,

WINTER, Chief Judge: Plaintiffs, two members of Teamsters Local 311, sued (a) Leo DaLesio, the principal officer of both Local 311 and Teamsters Joint Council 62, (b) Alfred M. Bell, the administrator and insurance consultant for the Local 311 employee benefit trust funds, and (c) two of Bell’s wholly-owned corporations, Alfred Bell, Inc. and Fund Administration, Inc. The object of the suit was to redress violations of fiduc

748 F.2d 229 Roy E. DANIELS, Appellant,v.Andrew WILLIAMS, Deputy, Appellee. No. 82-6538 United States Court of Appeals,Fourth Circuit. Argued Dec. 6, 1983.Decided Nov. 16, 1984.Certiorari Granted Feb. 19, 1985.See 105 S.Ct. 1168. Russell Williams, Third Year Law Student (Robert E. Shepherd, Richmon