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  • State Farm Mutual Automobile Insurance Corporation v. Fabrizio

    Publication Date: 2018-01-31
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Britton White, G. White (Brennan, Harris & Rominger LLP), Savannah, for appellant.
    for defendant: Jason Downey (The Downey Law Firm, LLC), Macon, for appellee. Sarah Akins (Ellis, Painter, Ratterree & Adams, L.L.P.), Savannah; Lester Miller (Law Office of Lester Monroe Miller), for other party.
    Case Number: A17A1446

    The trial court erred in granting summary judgment to plaintiff in her suit to collect uninsured/underinsured motorist benefits following an automobile accident, because genuine issues of material fact existed regarding coverage under five automobile insurance policies issued to plaintiff's father.

  • Zarouk v. The State

    Publication Date: 2018-01-30
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Cameil Reddick (Metro Conflict Defender), Atlanta, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Kevin Armstrong (Office of the District Attorney), Atlanta, for appellee.
    Case Number: A17A1922

    The trial court did not clearly err in denying defendant's motion for acquittal and discharge based on his demand for a speedy trial pursuant to O.C.G.A. § 17-7-170, because defendant failed to carry his burden to show that the demand for a speedy trial was pending for two terms of court during which there were juries impaneled and qualified to try his case.

  • Jackson v. The State

    Publication Date: 2018-01-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Russell Walker (Russell K. Walker, P.C.), Perry, for appellant.
    for defendant: Marie Banks (Houston County District Attorney), Perry; George Hartwig (District Attorney Houston Judicial Circuit), Perry, for appellee.
    Case Number: A15A1855

    The indictment charging defendant with failing to register as a sex offender in violation of O.C.G.A. § 42-1-12 was fatally defective because it did not recite a sufficient portion of the statute to set out all the elements of the offense for which defendant was tried and convicted and it did not allege all the facts necessary to establish a violation of a criminal statute.

  • King v. The State

    Publication Date: 2018-01-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Deborah Leslie (The Leslie Group, LLC), Jonesboro, for appellant.
    for defendant: Bradford Rigby, Whitney Bradford (District Attorney's Office of the Cordele Judicial), Cordele, for appellee.
    Case Number: A17A1877

    Although the evidence was sufficient to support defendant's conviction for incest for acts he committed against his niece, the trial court failed to properly consider the general grounds, including its authority to sit as a thirteenth juror, that defendant raised in his written motion for new trial and at the hearing on that motion, so the Court vacated and remanded the order denying defendant's motion for new trial.

  • Black et al. v. Nationstar Mortgage LLC. et al.

    Publication Date: 2018-01-25
    Practice Area: Civil Procedure | Contracts | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Martin Fierman (Attorney at Law), Madison, for appellant.
    for defendant: Steven Flynn, Kimberly Wright, Jennifer McCall, Jimmy Howell (McCalla Raymer Leibert Pierce LLC), Roswell, for appellee.
    Case Number: A17A1587

    The trial court properly granted summary judgment to mortgage companies on their complaint for declaratory judgment and equitable reformation, in which they sought to reverse a foreclosure, void the related deed under power and special warranty deed and reinstate the modified security deed to a first priority position.

  • MacMaster v. The State

    Publication Date: 2018-01-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Rafe Banks (Banks, Stubbs & McFarland, LLP), Cumming, for appellant.
    for defendant: William Finch (Solicitor General of Forsyth County), Cumming; Caroline Yi (Forsyth County Solicitor's Office), Cumming, for appellee.
    Case Number: A17A2083

    The trial court properly denied DUI defendant's motion in limine to exclude the admission of the results of the State-administered breath test, any evidence of her consent to the State-administered breath test and her refusal to take the Alco-Sensor test.

  • Jubilee Development Partners, LLC et al. v. Strategic Jubilee Holdings, LLC et al.

    Publication Date: 2018-01-23
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: David Conley, Jeffrey Daxe (Moore Ingram Johnson & Steele LLP), Marietta, for appellant.
    for defendant: Simon Bloom, Ryan Pumpian, John Phillips (Bloom Sugarman LLP), Atlanta, for appellee.
    Case Number: A17A2137

    The trial court properly denied appellants' motion to strike, or in the alternative, motion to dismiss the complaint filed against them for violation of Georgia's statute regarding strategic lawsuits against public participation because the claims against appellants were not based on an act in furtherance of the rights of free speech or petition and the anti-SLAPP statute thus did not apply.

  • Natasha Blakemore As Mother Of Natroya Hulbert v. Dirt Movers, Inc. et al.

    Publication Date: 2018-01-22
    Practice Area: Civil Procedure | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Scott Stevens (Greene & Cooper, LLP), Roswell, for appellant.
    for defendant: Brent Estes, Grant Smith (Dennis, Corry, Porter & Smith, LLP), Atlanta, for appellee.
    Case Number: A17A1540

    The plain language of O.C.G.A. § 14-2-510 (b) (4) limits a defendant corporations right of removal to cases in which venue is based only upon that specific paragraph; accordingly, the trial court erred in allowing a domestic motor carrier corporation to remove a wrongful death action against it to the county where its principal place of business was located, because venue against defendant was also proper in the county where the tort occurred under O.C.G.A. § 40-1-117 (b), the Georgia Motor Carrier Act.

  • Great Water Lanier, LLC v. Summer Crest At Four Seasons On Lanier Homeowners Association, Inc.

    Publication Date: 2018-01-19
    Practice Area: Contracts | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Tom Pye (Attorney at Law), Norcross, for appellant.
    for defendant: Jason LoMonaco (Nowack Howard, LLC), Atlanta, for appellee.
    Case Number: A17A1810

    Homeowners Association was entitled to summary judgment in landowner's action seeking a declaratory judgment that its land was not burdened by the declaration of covenants applicable to the subdivision, because landowner accepted a deed that unambiguously conveyed the land subject to the declaration of covenants, and, by doing so, voluntarily consented to be bound by such covenants.

  • Daniels v. The State

    Publication Date: 2018-01-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Christopher Daniels (Coffee Correctional Facility), Nicholls, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.
    Case Number: A17A2099

    The sentences the trial court imposed following defendant's negotiated guilty plea to 10 counts of statutory rape and seven counts of child molestation were illegal and void because they did not include split sentences and imposed probation-only sentences for two of the statutory rape offenses; accordingly, the Court vacated and remanded for resentencing.