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  • National Hills Exch. LLC v. Thompson

    Publication Date: 2013-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David Hudson Hull Barrett PC, Augusta, for appellant.
    for defendant: . Kenneth Nimmons Nimmons & Malchow, Augusta, for appellees.
    Case Number: A12A2259

    The trial court properly issued a TRO ordering that a back entrance to a shopping center be opened instanter, as the plain meaning of a 2004 easement was clear and unambiguous and gave the plaintiff

  • Bacon Cnty. Hosp. & Health Sys. v. Whitley

    Publication Date: 2013-01-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Norman Lovein and Steven Bristol Hall Booth Smith & Slover PC, Brunswick, for appellant.
    for defendant: . Jack Helms The Helms Law Firm PC, Homerville, and Janna Blasingame The Wilner Firm PA, Jacksonville, Fla., for appellee.
    Case Number: A12A1885

    The trial court abused its discretion in concluding that the medical malpractice plaintiff's expert chiropractor was qualified to testify about the standard of care of the defendant physical thera

  • DeKalb Cnty. v. Bailey; Thompson v. Bailey

    Publication Date: 2012-11-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A1419; A12A1420

    The defendant county was entitled to summary judgment on the plaintiffs' 42 USC § 1983 claim arising from the shooting death of the victim during an encounter with a county police officer, as the e

  • Meek v. Mallory & Evans Inc.

    Publication Date: 2012-11-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Guy Spicer Spicer Law LLC, Jefferson, for appellant.
    for defendant: Lauren Giles and Dana Miles Miles Patterson Hansford Tallant LLC, Cumming, for appellee.
    Case Number: A12A1290

    The trial court erred in awarding landlord attorneys' fees under OCGA § 13-6-11 because the statute's language prevents a trial court from ever determining that a claimant is entitled to attorneys'

  • Whitfield v. Brown

    Publication Date: 2012-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Orlando Ojeda Ojeda Legal LLC, Atlanta, for appellant.
    for defendant: Jack Hancock and Coleen Hosack Freeman Mathis & Gary LLP, Forest Park, for appellees.
    Case Number: A12A1172

    A library assistant did not have a ministerial duty to clean the county library bathroom where the plaintiff slipped, as she had no duty to maintain the public restrooms, and there was no fixed poli

  • Accor N. Am. Inc. v. Todd

    Publication Date: 2012-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Holly Hempel Nelson Mullins Riley & Scarborough LLP, Atlanta, and David Noteware Thompson & Knight LLP, Dallas, for appellant.
    for defendant: . Douglas Powell Hinton & Powell, Gilbert Deitch, and Andrew Rogers Deitch & Rogers LLC, Atlanta, for appellees.
    Case Number: A12A1362

    The trial court erred in finding that the apportionment statute, OCGA § 51-12-33, did not apply in the plaintiffs' premises liability action arising from their son's murder while staying at a

  • Fowler's Holdings LLLP v. CLP Family Invs. LP

    Publication Date: 2012-10-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John McGoldrick and Stuart Walker Martin Snow LLP, Macon, for appellant.
    for defendant: Thomas James James, Bates, Pope & Spivey and G. Grant Greenwood, Macon, for appellees.
    Case Number: A12A1268

    The trial court erred in awarding excessive nominal damages that could not meet the standard of triviality under Georgi

  • Hubert Props. LLP v. Cobb Cnty.; Hubert Props. LLP v. Bishop

    Publication Date: 2012-10-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Nicholas Papleacos and Richard Hubert Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: T. Bart Gary Freeman Mathis & Gary LLP, Otto F. Feil III Taylor Feil Harper Lumsden & Hess PC, Atlanta, and Christopher Bethel Edwards, Friedewald & Grayson, Marietta, for appellees.
    Case Number: A12A1584; A12A1922

    The trial court did not err in finding that the county properly disposed of the unused portion of a condemned tract in accordance with OCGA § 36-9-3 h rather than OCGA § 32-7-3 a

  • In the Interest of E. E. B. W.

    Publication Date: 2012-10-23
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Monica Hanrahan Hanrahan Freitag Family Law LLC, Atlanta, for appellant.
    for defendant: Thurbert Baker, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Elizabeth Williamson Attorney General's Office, Lytia Brown Brown Geiger & Associates, and Suparna Joshi John Marshall Law School, Atlanta, for appellee. Other party representation: Elizabeth Price Alston & Bird, Lashawn Mikell Office of the Child Advocate, Ruth Claiborne Claiborne & Surmay PC, Jean Kutner, Atlanta, and Joseph Rosen, Roswell.
    Case Number: A12A1468

    The juvenile court properly exercised subject matter jurisdiction over the termination of adoptive parents' parental rights of a minor child born in and a citizen of Zambia, who lived in Fulton Coun

  • Coweta Cnty. v. Cooper

    Publication Date: 2012-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Joshua Campbell and Kenneth Jones Hall, Booth, Smith & Slover PC, Atlanta, for appellant.
    for defendant: . Darrell Carver Shur, McDuffie & Morgan, Atlanta, Richard Hobbs, and Kelli Bailey Richard D. Hobbs & Associates, Fayetteville, for appellees.
    Case Number: A12A1111

    The trial court erred in ruling that the plaintiff's letter to a private law firm, which the defendant county hired as outside legal counsel, constituted substantial compliance with the notice requ