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  • Brooks v. Ironstone Bank

    Publication Date: 2012-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John A. Christy and Robert H. Snyder Jr. Schreeder, Wheeler & Flint LLP, Atlanta, for appellant.
    for defendant: . A. Kenneth Hewitt III Hewitt & Rogers, Norcross, for appellee. Other party representation: Aaron M. Kappler Thompson, O'Brien, Kemp & Nasuti PC, Norcross.
    Case Number: A11A1967

    The trial court erred in granting the bank's motion to enforce the settlement agreement, since a genuine issue of material fact remained as to whether the guarantor nsel communicated to the ban

  • Yeary v. State

    Publication Date: 2012-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Gregory A. Willis, Atlanta, for appellant.
    for defendant: Rosanna M. Szabo, Solicitor General, Joelle M. Nazaire Solicitor General's Office, and Richard C. Armond District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A09A1786

    Motions under the Uniform Act to Secure the Attendance of Witnesses from Without the State for evidence from an out-of-state corporation are not required to be accompanied by the identification as a

  • Anderson v. Daniel

    Publication Date: 2012-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: R. Keegan Federal Jr. Keegan Federal & Assocs., Atlanta, for appellant.
    for defendant: . Mary L. Walker, Kevin H. Hudson, and Matthew A. Spivey Foltz Martin LLC, Atlanta, for appellees.
    Case Number: A11A2106

    The bank shareholders' allegation that they were injured by the directors' negligent misrepresentations about the bank's financial condition, which induced them to hold shares of stock that became w

  • Wingate Land LLC v. ValueFirst Inc.

    Publication Date: 2012-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: G. E. Adams, Warner Robins, for appellant.
    for defendant: Edward T. McAfee and Parks K. Stone Lewis Brisbois Bisgaard & Smith LLP, Atlanta, for appellees.
    Case Number: A11A1568

    The trial court properly granted summary judgment to an appraisal company and its owner on the plaintiff's negligent misrepresentation claim, as no evidence established that the defendants appraised

  • Mapp v. We Care Transp. Servs. Inc.

    Publication Date: 2012-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A11A1986; A11A1987

    Assuming the truth of their affidavits of indigence filed pursuant to O.C.G.A. § 9-15-12, two of the decedent's four surviving children retained their rights to appeal from the summary judgment orde

  • Georgia Dep't of Community Health v. Dillard

    Publication Date: 2012-02-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Annette M. Cowart and Bryan K. Webb, Senior Assistant Attorneys General, Atlanta, for appellant.
    for defendant: Kermit S. Dorough Jr. Divine & Dorough, Albany, for appellee.
    Case Number: A11A1712

    The superior court properly held that the State Personnel Board exceeded its authority in adopting regulations authorizing an ALJ to resolve an appeal from the Board's termination of a classified e

  • Big Sandy Partnership LLC v. Branch Banking & Trust Co.

    Publication Date: 2012-02-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Christopher W. Terry and Matthew S. Cathey Stone & Baxter LLP, Macon, for appellant.
    for defendant: . Joseph P. Farrell and Kevin E. Quirk Quirk & Quirk LLC, Atlanta, for appellee.
    Case Number: A11A2342

    The holder of a promissory note, who is also the grantee in a security may sue on the note or exercise the power of sale in the

  • Fuller v. State

    Publication Date: 2012-02-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James C. Garner, Soperton, for appellant.
    for defendant: Louie C. Fraser, District Attorney, and Chad A. Pritchett District Attorney's Office, Dublin, for appellee.
    Case Number: A11A1982

    The trial court abused its discretion in denying the defendant's mistrial motion based on a juror's misconduct in approaching the victim during a lunch break and saying, keep your head up, . . . I'm

  • Goffaux v. State

    Publication Date: 2012-01-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Wade C. Hoyt III The Hoyt Firm, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and John F. McClellan Jr., Assistant District Attorney, Rome, for appellee.
    Case Number: A11A2384

    The trial court erred in analyzing the defendant's delay in ting his speedy trial right, because the trial court did not consider or discuss its discretion to mitigate the defendant's failure t

  • Johnson v. State

    Publication Date: 2011-12-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Marvin P. Hicks III The Hicks Law Firm, Lawrenceville, for appellant. Daniel J. Porter, District Attorney, and Richard A. Vandever, Assistant District Attorney, Lawrenceville, for appellee.
    for defendant:
    Case Number: A11A0941

    The trial court did not err in denying the defendant's motion to suppress drugs found on his person during a second Terry pat-down since the evidence established that the initial detention and pat-d