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  • Stalling v. State of Georgia

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John P. Fox Adams, Hemingway & Wilson LLP, and F. Bradford Wilson Jr., Macon, for appellants. Samuel S. Olens, Attorney General, and DeBrae' C. Kennedy, Assistant Attorney General, Atlanta, for appellees.
    for defendant:
    Case Number: A11A1332

    Subsequent General Assemblies were not required to fund the teacher pay raises set forth in O.C.G.A. § 20-2-212.2 because such an obligation would constitute an illegal pledge of c

  • Nowell v. State

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thomas J. Killeen Public Defender's Office, Athens, for appellant. Kenneth W. Mauldin, District Attorney, and David T. Lock District Attorney's Office, Athens, for appellee.
    for defendant:
    Case Number: A11A1101

    Although officers told the d nt during his custodial interrogation that they would advise the prosecution of his cooperation, this did not constitute a hope of benefit sufficient to render the

  • Williams v. Cobb County Farm Bureau Inc.

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: George H. Connell Jr. Dennis, Corry, Porter & Smith, Atlanta, for appellant. Duke R. Groover, Marty K. Senn James, Bates, Pope & Spivey LLP, Macon, Joseph C. Parker and Kelley E. Webb Downey & Cleveland LLP, Marietta, for appellees.
    for defendant:
    Case Number: A11A0904

    To support a claim of age discrimination, a plaintiff must show that, but for his age, he would not have been fired, and the plaintiff's former employers testified that their sole consideration for

  • Boatner v. State

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Clarence R. Patton, Rome, for appellant. Leigh E. Patterson, District Attorney, and John A. Tully District Attorney's Office, Rome, for appellee.
    for defendant:
    Case Number: A11A0851

    The evidence did not support a finding that the defendant probationer possessed the rifle found leaning against the front porch of his trailer, as something more than mere spatial proximity must lin

  • Dennis Perry Homes Inc. v. Companion Property & Cas. Ins. Co.

    Publication Date: 2011-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Leland M. Malchow Nimmons & Malchow, Augusta, for appellant. James W. Hays and Alexander Yusupov Hays & Potter PC, Atlanta, for appellee.
    for defendant:
    Case Number: A11A1033

    In granting summary judgment to the plaintiff insurance company on its claim for premiums due under a workers' compensation policy, the trial court did not err in ruling that no factual issue existe

  • Smith v. State

    Publication Date: 2011-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, for appellant. Layla H. Zon, District Attorney, Covington, and Peter H. Boehm District Attorney's Office, Monroe, for appellee.
    for defendant:
    Case Number: A11A1317

    The incest statute does not prohibit sexual intercourse between non-blood-related sib

  • Stolte v. Hammack

    Publication Date: 2011-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Andrew C. Desautel and Stephen B. Davis Davis Desautel Law Group, Atlanta, for appellant. Jonathan C. Jones, Marietta, for appellee.
    for defendant:
    Case Number: A11A1221

    The plaintiff had equal knowledge of the vicious propensity of the dog that bit him because he knew the dog had bitten a visitor to the residence three months prior to its attack on him, and testifi

  • Hart v. Groves

    Publication Date: 2011-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Warren R. Hinds, Roswell, for appellant.
    for defendant: Tara Groves, Palmyra, Maine, proceeded pro se.
    Case Number: A11A0989

    Any error in admitting an email regarding the client's cervical i was harmless as it was cumulative of other evidence regarding the nature and extent of that i

  • Campbell v. Savannah Motors Inc.

    Publication Date: 2011-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kathryn H. Pinckney, Brent J. Savage Savage, Turner, Pinson & Karsman and David S. Eichholz The Eichholz Firm, Savannah, for appellant.
    for defendant: Gregory G. Sewell and Joseph P. Brennan Brennan & Wasden LLP, Savannah, for appellee.
    Case Number: A11A1273

    The trial court erred in granting summary judgment to the defendant company on an independent contractor's claim of vicarious liability for injuries he suffered when someone knocked a helium tank on

  • 129 Acres, Inc. v. Atlanta Business Bank

    Publication Date: 2011-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John A. Christy Schreeder, Wheeler & Flint and Philip R. Green King & Spalding LLP, Atlanta, for appellant.
    for defendant: Ana M. Rountree Rountree Law Firm, Dallas, for appellee.
    Case Number: A11A1319

    O.C.G.A. § 44-14-161 a does not require that all guarantors of a deed to secure debt be named in the initial report of a foreclosure sale under power that is filed for confirmation by the trial