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  • Maddox v. State

    Publication Date: 2013-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: H. Bradford Morris and Clinton Teston Public Defender's Office, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, and Wanda Vance, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A13A0795

    The State was not required to prove that the defendant had sole constructive possession of the contraband, as proof of joint constructive possession was sufficient to obtain a conviction for cocaine

  • Baker v. Huff

    Publication Date: 2013-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A0255; A13A0256; A13A0257

    The defendant insurance company's failure to accept a settlement offer within the 10-day deadline imposed was not unreasonable because it was impossible under the circumstances for the company to ob

  • Fletcher v. C. W. Matthews Contracting Co. Inc.

    Publication Date: 2013-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Carl Anderson Hawkins Parnell Thackston & Young LLP, Atlanta, for appellant.
    for defendant: Christopher Mingledorff Moore Ingram Johnson & Steele LLP, Marietta, for appellee.
    Case Number: A13A0409

    The trial court erred in failing to grant the defendant's motion for j.n.o.v. on the plaintiff's claim for attorneys' fees under O.C.G.A. § 13-6-11, as no evidence showed that the defendant breached

  • Elrod v. Sunflower Meadows Dev. LLC

    Publication Date: 2013-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Warren Power Power, Jaugstetter & Futch PC, McDonough, for appellant.
    for defendant: . Gregory Hecht and Joseph Cloud Hecht Walker, Stockbridge, for appellees.
    Case Number: A13A0529

    The defendant was properly allowed to withdraw its admissions, since it presented credible evidence to refute its admissions, its motion to withdraw its admissions was not solely interposed for dela

  • Ferrell v. Young

    Publication Date: 2013-07-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Adam Appel Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellant.
    for defendant: Michael Harper, Atlanta, for appellee. Other party representation: Samuel S. Olens, Attorney General, and Devon Orland, Assistant Attorney General, Atlanta.
    Case Number: A13A0560

    The superior court erred in denying the defendant's motion to open default, as it improperly found that he failed to comply with two of the four necessary conditions and thus that it lacked discreti

  • Jannuzzo v. State

    Publication Date: 2013-07-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John Smith Smith Horvath LLC, Atlanta, for appellant.
    for defendant: Patrick H. Head, D. Victor Reynolds, District Attorneys, Amelia Pray District Attorney's Office, and John Butters, Marietta, for appellee.
    Case Number: A13A0683

    The State failed to carry its burden of proving that it brought charges of felony theft by conversion in violation of O.C.G.A. § 16-8-4 and one count of violation of the Georgia RICO Act within the

  • Felton v. State

    Publication Date: 2013-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Angela Coggins Public Defender's Office, Perry, for appellant.
    for defendant: George Hartwig, District Attorney, and Marie Banks District Attorney's Office, Perry, for appellee.
    Case Number: A13A0244

    The officer was not authorized to pat-down the defendant because he never testified that he believed the defendant was armed and dang

  • Excelsior Elec. Membership Corp. v. Georgia Pub. Serv. Comm'n

    Publication Date: 2013-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Richard Tisinger Tisinger Vance PC, Carrollton, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Alex Sponseller, Assistant Attorney General, Heather Smith, and Robert Edwards Troutman Sanders Lockerman & Ashmore LLP, Atlanta, for appellee.
    Case Number: A13A0154

    The Public Service Commission properly applied the grandfather clause of O.C.G.A. § 46-3-8 subsection b in determining that the defendant was authorized to continue service that it had been lawfully

  • Reyes v. State

    Publication Date: 2013-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Frances Kuo District Attorney's Office, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Jonesboro, and Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Decatur, for appellee.
    Case Number: A13A0174

    The trial court properly declined to give a sua sponte jury instruction on the rebuttable presumption that methamphetamine officers found hidden in the car was in the exclusive possession of the car

  • Georgia Dep't of Transp. v. Griggs

    Publication Date: 2013-07-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Bryon Thernes, Assistant Attorney General, and Sharon Horne Attorney General's Office, Atlanta, for appellant.
    for defendant: Thomas Cuffie, George French, and Harold Spence The Cuffie Law Firm, Atlanta, for appellee.
    Case Number: A13A0606

    The plaintiff complied with the ante litem notice requirements of O.C.G.A. § 50-21-26 because she identified the portion of the interstate on which the accident occurred to the extent that she kn