Court Filings

The Appellate Division, First Department reversed part of Supreme Court Bronx County's order and granted summary judgment to defendant Total Concrete Flatwork, LLC (TCF), dismissing the complaint and cross-claims against it in a motor-vehicle accident case. The court held that TCF established it did not own, operate, control the vehicle at issue and had no employment relationship with the driver. Plaintiffs and codefendants failed to raise a triable issue because ownership and permissive use were admitted by codefendant Total Property Care, leaving TCF unconnected to the vehicle or driver.

The Georgia Court of Appeals granted Shakka Shaneak James's application for discretionary appeal from a superior court order that denied her request to file a pro se mandamus petition under OCGA § 9-15-2(d). The Court concluded the superior court’s denial is subject to direct appeal under state appellate statutes, so James may proceed by filing a notice of appeal. The Court directed the superior court clerk to include this order in the record and gave James ten days from this order to file a notice of appeal if she has not already done so.

The Appellate Division, Second Department granted a habeas petition filed on behalf of Jordan Rosen seeking release or reasonable bail on a Queens County indictment. The court sustained the writ and set bail options: a $5,000,000 insurance-company bond, a $5,000,000 partially secured bond with 10% down, or a $500,000 cash bail alternative. Release is conditioned on strict home confinement except for attorney/medical/court visits, surrender (or sworn non-possession) of any passports and refraining from applying for new ones, and a sworn agreement waiving the right to oppose extradition if he leaves the jurisdiction. Once these conditions are met, the jail must release Rosen immediately.

The Georgia Court of Appeals granted the appellant's unopposed motion to withdraw the appeal in the case Leslie Girardeau Lee v. William Chandler Lee et al. By allowing withdrawal, the court released jurisdiction back to the trial court effective upon receipt of the order. The order is ministerial and contains no opinion on the merits; it simply acknowledges the appellant's request and returns the matter to the lower court for further proceedings consistent with that withdrawal.

The Appellate Division granted a habeas petition and ordered the immediate release of detainee Mabel Naira upon posting a partially secured surety bond of $25,000 with 10% down. The court held that the trial court erred by disapproving the bond solely because the obligor lacked sufficient income. The appellate court relied on statutory provisions and precedent limiting a court's grounds for rejecting bail and directed the warden to release Naira once proof of the prescribed bond is provided.

The Georgia Court of Appeals granted Che Fluellen's application for discretionary appeal in a child-custody or dependency matter involving the Georgia Department of Human Services on May 4, 2026. The court authorized filing a Notice of Appeal within ten days of the order and directed the Superior Court clerk to include this order in the record transmitted to the Court of Appeals. No merits decision was made; the order simply allows the appeal to proceed and instructs preparation of the appellate record.

The Ohio Supreme Court granted a writ of mandamus directing Julie A. Ogg, clerk of Whitehall’s city council, to determine that three recall petitions lacked the number of signatures required by the Whitehall Charter and to certify the particulars in which each petition was defective. The court held that the charter requires a recall petition to be signed by at least 15% of the electors who voted at the most recent regular municipal election at which the mayor was on the ballot (not 15% of those who actually voted for mayor). Because the relevant election was 2023 (3,913 voters) the 15% threshold is 587 signatures, and each petition fell short, so Ogg abused her discretion by certifying them as sufficient.

The Appellate Division (Fourth Department) reviewed reciprocal-discipline proceedings against attorney James Matthew Kernan after federal courts suspended him for misconduct. The court found Kernan filed cases in the Southern District of New York without admission there, made false statements about his admission status, and was suspended by the Southern and Eastern Districts and by the Second Circuit. Kernan's responses did not show lack of due process or inadequate proof. Considering mitigation and significant aggravating factors, including a prior felony-based suspension and other disciplinary findings, the court ordered Kernan disbarred.

The Appellate Division, Fourth Department, accepted Karen Clinton Dunn's application to resign from the Bar for non-disciplinary reasons and ordered her name removed from the roll of attorneys. The court treated the submission as a voluntary resignation not prompted by disciplinary charges and concluded acceptance was appropriate. The decision is a routine administrative action resolving Dunn's formal request to leave the bar without imposing discipline or further proceedings.

The Georgia Court of Appeals granted Michael David Wilson's application for discretionary appeal in a criminal matter (LC No. 12CR5343) and authorized the appellant to file a Notice of Appeal within 10 days of the order (dated May 1, 2026). The clerk of the superior court is directed to include this order in the record transmitted to the Court of Appeals. The decision is a procedural grant of permission to appeal; the court did not decide the merits of the underlying conviction or sentence.

The Georgia Court of Appeals granted an application for interlocutory appeal by defendant Ananda Dennis in a criminal case (LC No. 24CR2562). The court's order allows the appellant to file a Notice of Appeal within ten days of the order and directs the trial court clerk to include a copy of this order in the record sent to the Court of Appeals. This is a procedural disposition granting permission to pursue an immediate appeal before final judgment, without resolving the underlying merits of the criminal charges.

The Fifth District Court of Appeal granted Michael Anthony Foster, Jr.'s petition for a belated appeal. The court directed that this opinion be filed with the trial court and treated as the notice of appeal from the February 28, 2025 order that denied the defendant's motion for postconviction relief in Duval County Circuit Court case number 2023-CF-003421-A. The court acted under its original jurisdiction to permit Foster to proceed with an appeal despite the missed appellate deadline, citing the Florida Rule of Appellate Procedure that governs belated appeals.

The Fifth District granted Joseph Edward Jordan’s petition for certiorari, concluding the trial court wrongly allowed the State to conduct a mental-health examination for a Hurst resentencing despite the State’s failure to give written notice within 45 days of arraignment. The court held that Florida statute §782.04(1)(b) and rule 3.181 require notice within 45 days of arraignment, and that the phrase “timely written notice” in rule 3.202 must be read to mean the statutorily mandated 45-day deadline. Because the trial court’s order conflicted with the statute and rule and would cause irreparable harm, the petition was granted.

The Texas Court of Appeals granted Mother’s petition for writ of mandamus because the trial court improperly heard and entered temporary orders on Father’s petition to modify the parent–child relationship without complying with Texas Family Code §156.102. The court held Father filed his petition within one year of the prior custody rendition, triggering the affidavit requirement; the trial court had found Father’s affidavit insufficient but nevertheless proceeded to a hearing. The appellate court concluded the trial court abused its discretion, ordered the temporary order vacated, and directed the trial court to deny Father’s petition.

The Thirteenth Court of Appeals (Corpus Christi–Edinburg) conditionally granted Cristina Gallegos Ortega’s petition for writ of mandamus, finding the Hidalgo County trial court abused its discretion by exercising jurisdiction under the Texas UCCJEA. The trial court had asserted temporary emergency jurisdiction and ordered the child returned to Mexico, but the appellate court held Texas was not the child’s home state and the record did not show abandonment or the kind of mistreatment or emergency required for temporary jurisdiction. The appellate court directed the trial court to vacate its March 12, 2026 order and March 13, 2026 writ of attachment.

The Georgia Court of Appeals granted an application for an interlocutory appeal in the case KLS Heating & Air, Inc. v. Juliette Hamler Locke, et al. The court ordered that the appellant may file a Notice of Appeal within 10 days of the April 30, 2026 order and directed the clerk of the state court to include this order in the record transmitted to the Court of Appeals. This is a procedural interlocutory-order grant allowing the appeal to proceed before final judgment.

The Appellate Division, Third Department granted Michael R. Pichowicz's application to resign from the New York bar for nondisciplinary reasons. The court reviewed Pichowicz's sworn affidavit and the Attorney Grievance Committee's response, found him eligible under the court's rules, accepted his nondisciplinary resignation, struck his name from the roll of attorneys, and ordered that he cease practicing law in New York and surrender any Attorney Secure Pass within 30 days. The decision is administrative, not punitive, and effective immediately.

The Appellate Division, Third Department granted Daniel Isaac Papermaster's application to resign from the New York bar for nondisciplinary reasons and accepted his resignation. The court reviewed Papermaster's sworn affidavit and the Attorney Grievance Committee's non-opposition, determined he was eligible under the court rules, struck his name from the roll of attorneys, and ordered that he cease practicing law in New York and surrender any Attorney Secure Pass within 30 days. The resignation is effective immediately and remains until further court order.

The Appellate Division, Third Department granted Robin Plummer Keller's application to resign from the New York bar for nondisciplinary reasons under the court's attorney discipline rules. The court reviewed Keller's sworn affidavit and the Attorney Grievance Committee's response, found Keller eligible to resign for nondisciplinary reasons, accepted the resignation, struck his name from the roll of attorneys, enjoined him from practicing or holding himself out as an attorney in New York, and ordered surrender of any Attorney Secure Pass within 30 days.

The Appellate Division, Third Department granted attorney John R. Gowell Jr.'s request to resign from the New York bar for nondisciplinary reasons. The court reviewed Gowell's sworn affidavit and the Attorney Grievance Committee's response, found him eligible under the applicable rule, and accepted his resignation. As a result, his name is stricken from the roll of attorneys, he is prohibited from practicing or holding himself out as an attorney in New York, and he must surrender any Attorney Secure Pass within 30 days. The AGC did not oppose the application.

The Appellate Division, Third Department granted attorney Jonathan R. Flora's application to resign from the New York bar for nondisciplinary reasons. The Court reviewed Flora's sworn affidavit and the Attorney Grievance Committee's statement that it did not oppose the application, found him eligible under the court's disciplinary rules, accepted the resignation, struck his name from the roll, and imposed the usual prohibitions against practicing or holding out as an attorney in New York. Flora must surrender any Attorney Secure Pass within 30 days.

The Appellate Division, Third Department granted attorney Jacob Timothy English’s application to resign from the New York bar for nondisciplinary reasons. The court reviewed English’s sworn affidavit and the Attorney Grievance Committee’s response, found him eligible under the court’s rules, accepted his nondisciplinary resignation, struck his name from the roll, and ordered that he cease practicing or holding himself out as an attorney in New York and surrender any Attorney Secure Pass within 30 days.

The Appellate Division, Third Department granted attorney Alan E. Davis's application to resign from the New York bar for nondisciplinary reasons. The court reviewed Davis's sworn affidavit and the Attorney Grievance Committee's response, found him eligible under the court rules, accepted his resignation, struck his name from the roll of attorneys, and directed that he cease practicing law in New York and surrender any Attorney Secure Pass within 30 days. The decision is administrative, not a disciplinary sanction.

The Georgia Court of Appeals granted the appellant's motion to withdraw the appeal in case A26A0693, Ralph Van Pelt, Jr. v. Community and Southern Bank (successor to First National Bank of Georgia). The court released jurisdiction back to the trial court upon issuance of the order. The decision is administrative and dispositional: the appeal was terminated at the appellant's request and control over the case returned to the lower court.

The Georgia Court of Appeals granted the appellant Hardy Foods, LLC's motion to withdraw its appeal in the case against Mackenzie Morgan. The court released jurisdiction back to the trial court effective upon receipt of the order, meaning the appellate matter is terminated and further proceedings will occur in the trial court. The decision is procedural: the court accepted the voluntary withdrawal and took no action on the merits of the underlying dispute.

The Georgia Court of Appeals granted the City of Sandy Springs' motion to withdraw its appeal in the case against the City of Atlanta. By allowing withdrawal, the Court released jurisdiction back to the trial court effective upon receipt of this order. The document is a short procedural court order effectuating the appellant's request rather than a merits decision.

The Third District Court of Appeal granted a writ of certiorari and quashed the trial court’s February 6 and February 19, 2026 discovery orders that compelled the petitioner to appear for an in-person deposition in Miami-Dade County after a final default judgment had been entered. The appellate court concluded that once a final judgment is entered, the trial court lacks authority to order depositions in the case in chief and may only permit post-judgment discovery limited to execution or certain narrow exceptions not present here. Because the discovery orders sought materials and testimony that should have been obtained before judgment, they were improper and subject to certiorari relief.

The Court of Appeal held that the trial court lacked jurisdiction to increase defendant Sami Wayne Mohammed’s sentence after execution of his original sentence had begun. Mohammed initially received an aggregate seven-year, four-month term on January 12, 2024. The CDCR later notified the trial court that parts of that sentence were unauthorized under the Three Strikes law, and the trial court resentenced Mohammed on October 21, 2024 to an aggregate 10 years, eight months. The appellate court concluded the trial court could not lawfully resentence him after jurisdiction had ended, treated the appeal as a habeas petition, granted relief, and ordered reinstatement of the January 12, 2024 sentence.

The Georgia Court of Appeals granted the City of Atlanta's application for an interlocutory appeal in the case City of Atlanta v. William Neal. The order permits the appellant to file a Notice of Appeal within 10 days of the order date (April 28, 2026) and directs the Clerk of State Court to include this order in the record sent to the Court of Appeals. The court's action is procedural—allowing review before final judgment—rather than resolving the underlying merits of the dispute.

The First Department granted the Attorney Grievance Committee's motion for reciprocal discipline and publicly censured attorney Barbara Jayne Resnick. Connecticut previously publicly reprimanded Resnick after she admitted holding herself out as an attorney while administratively suspended there for failing to pay client security fees. The New York court found no defects in the Connecticut proceeding, determined the misconduct would also violate New York Rule 5.5(a), and concluded that a public censure in New York is appropriate and consistent with the sanction imposed in Connecticut and First Department precedent.