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  • Hayek v. Chastain Park Condo. Ass'n Inc.

    Publication Date: 2014-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mark Ford Ford & Finnerty LLC, Atlanta, for appellant.
    for defendant: . Elizabeth Taylor Winter Capriola Zenner, Atlanta, for appellee.
    Case Number: A14A1134

    The trial court erred in granting summary judgment to the condominium association in its action for unpaid assessments and other charges, as the damages sought were insufficiently ce

  • In the Interest of G. Q.

    Publication Date: 2014-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Azadeh Golshan Public Defender's Office, Newnan, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Calandra Harps, Assistant Attorney General, Atlanta, and Linda Taylor Hunnicutt & Taylor, Newnan, for appellee. Other party representation: Doris Orleck, Newnan, and David Rossi-Espagnet, Carrollton.
    Case Number: A14A0324

    The father lacked standing to challenge the termination of his parental rights, since he failed to timely file a petition to legitimate the minor children in order to preserve his int

  • White v. Weinberg

    Publication Date: 2014-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Perry Phillips, Marietta, for appellant.
    for defendant: . Richard Merritt Merritt & Fletcher LLC, Smyrna, for appellee.
    Case Number: A14A0607

    The defendants' refusal to return a ring the plaintiff consigned to them for auction constituted the wrongful exercise of dominion over the ring in a manner inconsistent with their authority as agen

  • Gregg v. First Citizens Bank & Trust Co. Inc.

    Publication Date: 2014-07-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John Taylor, Marietta, for appellant.
    for defendant: . Matthew Skilling Moore Clarke Duvall & Rodgers PC, Albany, and Brian Ranck Sanders, Ranck & Skilling PC, Toccoa, for appellee.
    Case Number: A14A0384

    Although the plaintiff bank was entitled to summary judgment as to liability in its action seeking to recover on a promissory it failed to prove the amount due under such

  • Baker v. State

    Publication Date: 2014-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Daniel Ortiz, Atlanta, for appellant.
    for defendant: Donna Gopaul, Solicitor General, and Inez Grant Solicitor General's Office, Cumming, for appellee.
    Case Number: A14A0006

    Dismissal of the defendant's appeal from the judgment dismissing her prior appeal of her DUI conviction was mandatory, since the defendant's brief failed to set forth any enumerations of e

  • Smith v. Graham Constr. Co. Inc.

    Publication Date: 2014-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kathryn Pinckney and Brent Savage Savage & Turner PC, Savannah, for appellant.
    for defendant: . Ian Rapaport, Atlanta, for appellees.
    Case Number: A14A0556

    The exclusivity provision of the Georgia Workers' Compensation Act barred the plaintiff's action seeking to recover for an injury he received while working on a construction project in North Car

  • Goins v. The Family Y

    Publication Date: 2014-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Richard Goolsby The Goolsby Law Firm LLC, Augusta, for appellant.
    for defendant: . Charles Beans Shivers & Associates, Alpharetta, for appellees.
    Case Number: A13A1778

    Summary judgment for the defendant was proper on the plaintiffs' negligence and fraud claims arising out of their 16-year-old son's death after he collapsed while exercising with a certified persona

  • Choi v. Immanuel Korean United Methodist Church

    Publication Date: 2014-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Andrew Flake, Henry Chalmers Arnall, Golden & Gregory, and Rebecca Lunceford, Atlanta, for appellant.
    for defendant: . Thomas Cauthorn and James W. Cauthorn Cauthorn Nohr & Owen, Marietta, for appellee.
    Case Number: A13A2455

    Res judicata and collateral estoppel did not bar the plaintiffs' lawsuit over their $1.5M donation to a c

  • Multibank 2009-1 RES-ADC Venture LLC v. Savannah River Club LLC

    Publication Date: 2014-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kevin Ward and James Zimmerman Schulten Ward & Turner, Atlanta, for appellant.
    for defendant: James Brissette McGee & Oxford, Atlanta, Albert Solochek, and Jason Pilmaier Howard Solocheck & Weber, Milwaukee, Wis., for appellees.
    Case Number: A13A1995

    Fees expended in a prior litigation are not recoverable under O.C.G.A. § 13

  • Morris v. Morris

    Publication Date: 2014-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1885; A14A0017

    The trial court erred in ruling that North Carolina law governed the issue of distribution of trust property when the settlor was living in North Carolina at the time he killed his only lineal desce