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  • Blanton v. Crump Heating & Air, LLC et al.

    Publication Date: 2018-05-02
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: James Smith (Smith, Hannan and Parker, PC.), Valdosta, for appellant.
    for defendant: George Welborn (Downey, Cleveland, Parker & Williams), Marietta, for appellee.
    Case Number: A17A2005

    Plaintiff Could Not Maintain Action In Superior Court After His Attorney Had Settled Same Claims in Magistrate Court

  • Cancel et al. v. The Medical Center Of Central Georgia, Inc. et al.

    Publication Date: 2018-05-02
    Practice Area: Business Torts | Civil Appeals | Contracts
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: George McGriff, Eric Wyatt (George W. McGriff & Associates), Roswell, for appellant.
    for defendant: Ranse Partin (Conley Griggs Partin LLP), Atlanta; W. Persons (King & Spalding), Atlanta; Alfred Adams, Cynthia Burnside (Holland & Knight LLP), Atlanta, for appellee.
    Case Number: A17A1708

    The Court of Appeals affirmed the trial court's ruling that hospital defendants were immune from plaintiffs' breach of fiduciary duty and fraud claims and the denial of plaintiffs' motion to supplement the record on appeal.

  • Crop Production Services, Inc v. T. E. Moye

    Publication Date: 2018-05-02
    Practice Area: Contractual Disputes | Creditors' and Debtors' Rights
    Industry: Agriculture
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Roger Hatcher (Smith, Gilliam, Williams & Miles, P.A.), Gainesville; Michael Strickland (Moore, Tyndall, Castellow & Strickland, LLP), Moultrie, for appellant.
    for defendant: Robert Howell (Attorney at Law), Moultrie; Donald Sweat (Gardner, Willis, Sweat & Handelman, LLP), Albany; Deena Plaire (Gardner Willis Sweat Plaire & Pickett), Albany, for appellee.
    Case Number: A17A1775

    Statute of Frauds Did Not Bar Evidence of Mutual Oral Agreement to Rescind Written Promise to Guarantee Loans

  • Bourassa v. The State

    Publication Date: 2018-05-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Stephen Reba (Attorney at Law), Atlanta, for appellant.
    for defendant: Emily Richardson (Douglas County District Attorney's Office), Douglasville; Brian Fortner (Douglas County District Attorney), Douglasville; Bonnie Smith (Assistant District Attorney Douglas County Courthouse), Douglasville, for appellee.
    Case Number: A17A1602

    The trial court did not err in holding that defendant did not satisfy his burden of establishing standing to challenge the introduction of telephone calls law enforcement intercepted, as none of the targeted phone numbers belonged to or were associated with defendant and defendant did not offer or point to any testimony or other evidence that established that his voice could be heard in the recordings State sought to introduce.

  • Reid v. Waste Industries USA, Inc. et al.

    Publication Date: 2018-05-01
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Michael Johnson, Natalie Mark (Taylor English Duma LLP), Atlanta, for appellant.
    for defendant: Robert Martin (McKenna Long & Aldridge LLP), Atlanta; George Darden (Dentons US LLP), Atlanta, for appellee.
    Case Number: A17A1791

    The Court of Appeals partially reversed the trial court's order granting defendants' motion for summary judgment and denying plaintiff's motion for sanctions in his suit for malicious prosecution, conspiracy, and intentional and negligent infliction of emotional distress after he was acquitted of charges stemming from his alleged brandishing of a gun on his supervisor and co-workers after he was fired from his job.

  • In The Interest Of R. S. T., a child.

    Publication Date: 2018-05-01
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Mark Jeffrey (Attorney at Law), Marietta, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Penny Hannah (Assistant Attorney General), Atlanta; Shalen Nelson (Senior Assistant Attorney General), Atlanta, for appellant. William Collins (Smith, Collins & Fletcher, P.A.), Atlanta; Nigel Davis (Attorney at Law), Atlanta; Karen Pulliam (Guardian Ad Litem), Decatur, for other party.
    Case Number: A17A1595

    Termination of Parental Rights Not Supported By Clear and Convincing Evidence of Harm to Child

  • The State v. Andre Plaines

    Publication Date: 2018-04-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Margaret Heap (District Attorney), Savannah; Kristjan Whiteway (Office of the District Attorney Eastern Judicial District), Savannah, for appellant.
    for defendant: Amy Ihrig (Public Defenders Office EJC), Savannah, for appellee.
    Case Number: A17A1433

    The trial court abused its discretion in denying State's motion of its intention to introduce other-act evidence in defendant's trial, as the trial court erred in finding that the other-acts evidence was not relevant under O.C.G.A. § 24-4-404 (b).

  • Webbs Erection, Inc. et al. v. Colonial Pacific Leasing Corporation

    Publication Date: 2018-04-30
    Practice Area: Civil Appeals
    Industry: Financial Services and Banking | Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William Piercy, Benjamin Fink (Benjamin Fink Van Horn PC), Atlanta, for appellant.
    for defendant: David Pernini (Wargo & French LLP), Atlanta; Dustin Sharpes (Stone Kalfus LLP), Atlanta, for appellee.
    Case Number: A17A1370

    The trial court did not abuse its discretion in dismissing appellants' notice of appeal under O.C.G.A. § 5-6-48 (c) based on the untimely payment of costs of appeal.

  • Norfolk Southern Railway Company v. Lewis

    Publication Date: 2018-04-27
    Practice Area: Damages | Evidence | Labor Law
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Laurie Daniel, Matthew Friedlander (Holland & Knight), Atlanta; Walker Stewart (Hall, Bloch, Garland & Meyer, LLP), Macon, for appellant.
    for defendant: John Moss, John Steel (Steel and Moss LLP), Atlanta, for appellee.
    Case Number: A17A2081

    Evidence of Workers' Compensation Claimant's Self-employment Activity was Relevant to Issues of Lost Wages, Earning Capacity, and Pain and Suffering

  • In The Interest Of B. G., a child

    Publication Date: 2018-04-27
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Fakiha Khan (Law Office of Fakiha Khan P.C.), Johns Creek, for appellant.
    for defendant: Calandra Harps (Assistant Attorney General), Atlanta; Christopher Carr (Attorney General), Atlanta; Victoria Wallace (VWW Law Office LLC), Decatur; Anoopa Laurens (Laurens Law LLC), Buford; Shalen Nelson (Senior Assistant Attorney General), Atlanta, for appellee. Jason Wilson (Attorney at Law), Duluth; Tadia Whitner (Attorney at Law), Norcross; Bruce Hawkins (Attorney at Law), Stone Mountain; Debra Hale, Sharon Blake-Palmer (Attorney at Law), Lawrenceville, for other party.
    Case Number: A17A1737

    Juvenile Court's Factual Misstatements and Conclusory Rulings Required Remand with Directions