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  • Jenifer Duncan et al. v. Olga Rawls et al.

    Publication Date: 2018-05-04
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Michael Foust, Allan Parks, David Walbert (Parks, Chesin & Walbert P.C.), Atlanta, for appellant.
    for defendant: David Balser, John Toro, Letitia McDonald, Julia Barrett (King & Spalding LLP), Atlanta, for appellee.
    Case Number: A17A2052

    Georgia Law Does Not Recognize Probable Cause Exception to Enforcement of No-Contest Provisionss in Trusts

  • Mobley v. The State

    Publication Date: 2018-05-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Amy Ihrig (Public Defenders Office, EJC), Savannah, for appellant.
    for defendant: Margaret Heap (District Attorney), Savannah; Anna Guardino (The District Attorney's Office The Eastern Judicial Circuit), Savannah; Emily Puhala (Assistant District Attorney Chatham County), Savannah; Greg McConnell (Assistant District Attorney), Savannah, for appellee.
    Case Number: A18A0695

    Defendant Who Fired Gun at Different Police Officers at Separate Points in Time Committed Separate Offenses

  • City Of Gainesville v. Waldrip et al.

    Publication Date: 2018-05-04
    Practice Area: Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Dana Maine (Freeman Mathis & Gary), Atlanta, for appellant.
    for defendant: Robert Jackson (Robert B. Jackson, IV, LLC), Atlanta; Donald Stack (Stack & Associates, PC.), Atlanta, for appellee.
    Case Number: A17A1946

    City Had No Duty To Abate Flooding From Storm Water Discharge Onto Private Property Adjacent to Plaintiff's Property

  • Almassud v. Mezquital

    Publication Date: 2018-05-04
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Laurie Daniel, Matthew Friedlander (Holland & Knight), Atlanta; Trevor Hiestand (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for appellant.
    for defendant: Ben Brodhead, Ashley Fournet (Brodhead Law LLC), Atlanta, for appellee. J. Pierce (Pierce & Dunkelberger), Atlanta, for other party.
    Case Number: A17A2119

    Trial Court Should Have Instructed Jury on Defendant's Theory That Alleged Negligence Per Se was Unknowing and Unintentional

  • Gonzales v. The State

    Publication Date: 2018-05-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Brian Steel (The Steel Law Firm PC), Atlanta, for appellant.
    for defendant: Sherry Boston (DeKalb County District Attorney), Decatur; Gerald Mason (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: A17A1857

    Defense Counsel Was Constitutionally Ineffective For Failing to Ask Child Victim's Mother Her Opinion About Child's Truthfulness

  • Hernandez-Ramirez v. The State

    Publication Date: 2018-05-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Walker (GPDSC Athens Regional Conflict Defender Office), Athens, for appellant.
    for defendant: David White (District Attorney), Hartwell; Meghan Bowden (Northern Judicial Circuit District Attorney's Office), Elberton, for appellee.
    Case Number: A18A0037

    Pro Se Motion to Withdraw Plea Was Nullity Where Defendant Was Represented By Counsel When He Filed His Motion

  • Cartersville City Schools et al. v. Johnson

    Publication Date: 2018-05-03
    Practice Area: Administrative Law | Civil Appeals | Occupational Safety and Health
    Industry: Education | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Adam Grafton (Bovis, Kyle & Burch, LLC), Atlanta; Joshua Saunders (Bovis Kyle Burch & Medlin), for appellant.
    for defendant: S. Tate (Akin & Tate), Cartersville, for appellee.
    Case Number: A17A1469

    The superior court was authorized to set aside the State Board of Workers Compensation Appellate Division's decision, thus reinstating the award of benefits to the claimant, because the Appellate Division misconstrued the legal framework for determining whether an injury arose out of employment and therefore rendered a decision contrary to law.

  • Erickson v. Bank Of America, N. A. et al.

    Publication Date: 2018-05-03
    Practice Area: Creditors' and Debtors' Rights | Real Estate
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Sarah Erickson, Marietta, for appellant.
    for defendant: Jarrod Mendel (McGuire Woods LLP), Atlanta, for appellee.
    Case Number: A17A1839

    The trial court erred in granting summary judgment to bank on its complaint for declaratory judgment and equitable reformation of a security deed because it was no longer the holder of the security deed that provided the basis for its complaint and thus lacked standing to pursue those claims.

  • Soberanis v. The State

    Publication Date: 2018-05-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Brian Hobbs (Elwart & Hobbs), Marietta; Debra Jefferson (Attorney at Law), Lawrenceville; Jorge Soberanis, Jackson, for appellant.
    for defendant: Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Shannon Wallace (District Attorney), Canton, for appellee.
    Case Number: A17A1578

    Pro Se Defendant's Appeal Was Nullity Where He Was Still Represented by Counsel When He Filed Appeal

  • Beasley v. The State

    Publication Date: 2018-05-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Ramon Alvarado (Attorney at Law), Norcross; Ankur Trivedi (Trivedi Law Firm LLC), Lawrenceville, for appellant.
    for defendant: Daryl Manns (Assistant District Attorney Houston Judicial Circuit), Perry; Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.
    Case Number: A17A1809

    Because defendant's prior nolo contendere plea to shoplifting was not a conviction for purposes of the sentencing provision of the shoplifting statute, he could not be found guilty of felony theft by shoplifting and the trial court erred in denying his motion to quash and special demurrer.