Filter This View

  • Aquanaut Diving & Eng'g Inc. v. Guitar Ctr. Stores Inc.

    Publication Date: 2013-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Eric Krasle, Athens, for appellant.
    for defendant: Kimyatta McClary Alston & Bird LLP, Atlanta, for appellee.
    Case Number: A13A1559

    The plaintiff had an easement running with the land because the defendant's predecessor-in-interest granted the plaintiff a license to maintain a sign on its property, the plaintiff spent over $34K

  • City of Atlanta v. Durham

    Publication Date: 2013-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jeffrey Haymore, Jin Kim, Cathy Hampton, and Laura Burton City of Atlanta, Atlanta, for appellant.
    for defendant: Sean Gill Fain Major & Brennan PC, and Eugene Felton The Chestnut Firm, Atlanta, for appellees.
    Case Number: A13A1344

    The defendant city was entitled to sovereign immunity on the plaintiffs' negligence claims because it was exercising a governmental function when it demolished an abandoned

  • Danes v. Rogers

    Publication Date: 2013-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Eugene Butt Ninfo & Associates PC, Covington, for appellant.
    for defendant: Charles Cole Owen Gleaton Egan Jones & Sweeney LLP, and Kevin Doyle Lokey, Mobley & Doyle LLP, Atlanta, for appellees.
    Case Number: A13A1201

    The trial court properly granted summary judgment to an insurance agent and her employer in the plaintiff's suit for negligence, breach of contract and promissory estoppel, since the plaintiff could

  • Gowen Oil Co. v. Streat

    Publication Date: 2013-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Brent Savage and Brent Savage Jr. Savage, Turner, Savannah, for appellant.
    for defendant: Samuel S. Olens, Attorney General, G. Michael Banick, Assistant Attorney General, and Sharon Horne Attorney General's Office, Atlanta, for appellee.
    Case Number: A13A0961

    An inspector for the Georgia Department of Agriculture was immune from an oil company's tort suit seeking to hold him individually liable for over $1M in da

  • Davidson v. A. G. Edwards & Sons Inc.

    Publication Date: 2013-09-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James Patrick, Columbus, for appellant.
    for defendant: Marcus Calhoun and Travis Hargrove Page Scranton Sprouse Tucker & Ford, Columbus, for appellees.
    Case Number: A13A1115

    The Federal Arbitration Act preempts state law and policy with respect to the signature requirement of O.C.G.A. § 9-9-2 subsection c 9 and the exemption from arbitration of "personal bodily injury"

  • Wiggins v. State

    Publication Date: 2013-09-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kevin Armstrong, Assistant Public Defender, Albany, for appellant.
    for defendant: Gregory Edwards, District Attorney, Albany, for appellee.
    Case Number: A13A1647

    The evidence showed that, although the officer did not discover marijuana on the defendant's person during a pat-down search, the defendant possessed marijuana and placed it behind or under the back

  • Mitchell v. State

    Publication Date: 2013-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1393; A13A1394

    Police violated the defendants' Fourth Amendment rights when intruding into their yard during a h for a criminal and the odor of marijuana they observed during that intrusion could not support

  • Aubain-Gray v. Hobby Lobby Stores Inc.

    Publication Date: 2013-08-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Sabrina Parker, Norcross, for appellant.
    for defendant: . James Scarbrough Mabry & McClelland LLP, Atlanta, for appellee.
    Case Number: A13A1042

    No evidence showed that the defendant craft store could have reasonably expected, absent exceptional circumstances, that a customer would view a multi-piece candle holder as a 1-piece vase, and so h

  • Bailey v. State

    Publication Date: 2013-07-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jackie Patterson, Atlanta, for appellant.
    for defendant: Carmen Smith, Solicitor General, and R. Leon Benham, Assistant Solicitor General, Atlanta, for appellee.
    Case Number: A13A1084

    The trial court erred in instructing the jury that the Intoxilyzer 5000 breath test had a conclusive presumption of val

  • State v. Graves

    Publication Date: 2013-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Amy Godfrey and Sandra Wisenbaker Solicitor General's Office, Newnan, for appellant.
    for defendant: Christopher Brown and John Miller Miller & Brown PC, Fayetteville, for appellee.
    Case Number: A13A0355

    The trial court erred in addressing on for new trial the defendant's claim that the accusation was fatally defective, as such a claim can only be made by a pre-trial general demurrer or by a