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  • Pine Grove Builders Inc. v. Suntrust Bank

    Publication Date: 2011-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John A. Christy and Philip R. Green Schreeder, Wheeler & Flint LLP, Atlanta, for appellant.
    for defendant: . Camden B. Scearce Jr., Caroline B. Stefaniak, and Timothy L. Mickel Husch, Blackwell, Sanders LLP, Chattanooga, Tenn., for appellee.
    Case Number: A10A1790

    The trial court erred by confirming a foreclosure sale as to a guarantor of a loan because the notice by publication failed to list the date and time of the confirmation he

  • Ursulita v. State

    Publication Date: 2011-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Christopher C. Taylor and Jerome Lee Hernan, Taylor & Lee LLC, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Stephen A. Fern, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A10A1733

    Georgia does not recognize an inconsistent verdict rule, which would permit a defendant to challenge the factual findings un ng a guilty verdict on one count as inconsistent with the findings u

  • Macedonia Baptist Church of Atlanta v. LIB Properties LTD

    Publication Date: 2011-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Carmelia M. Jackson, Decatur, for appellant.
    for defendant: John H. Williamson, Adamson B. Starr Morris, Manning & Martin LLP, Atlanta, Daniel B. Greenfield Jack F. Witcher and Nathaniel C. Wheelwright, Bremen, for appellee.
    Case Number: A10A1736

    A loan and security deed involving church property were invalid because the church did not authorize its member to enter into a loan transaction on its b

  • Vaughn v. State

    Publication Date: 2011-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stanley W. Schoolcraft III, Stockbridge, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Thomaston, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A10A1658

    The victims' testimony sufficiently supported the defendant's convictions for child molestation and sexual exploitation of chi

  • Cox v. Altus Healthcare and Hospice Inc.

    Publication Date: 2011-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Burton F. Dodd Fisher & Phillips, Atlanta, for appellant.
    for defendant: Christopher E. Parker, Michael P. Kohler and Sonya R. Madison Miller & Martin PLLC, Atlanta, for appellee.
    Case Number: A10A2331

    The employment covenants in question were unenforceable on their face because they were conditions of employment that contained neither a time nor personnel limitation and barred even unsolicited co

  • Konecny v. State

    Publication Date: 2011-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Eric J. Taylor, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A11A0184

    The discovery of the victim's body in the defendant's truck corroborated his accomplice's account that the defendant masterminded the arson to destroy evidence at the crime

  • Byrd v. State

    Publication Date: 2011-02-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert L. Wadkins Public Defender's Office, Columbus, for appellant.
    for defendant: Julia A. Slater, District Attorney, Wayne Jernigan and Jennifer E. Dunlap, Assistant District Attorneys, Columbus, for appellee.
    Case Number: A10A2279

    O.C.G.A. § 17-8-57 required a new trial because the trial court clearly expressed its opinion that the state proved

  • Effingham County v. Rhodes

    Publication Date: 2011-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Benjamin M. Perkins Oliver Maner LLP, Savannah, for appellant.
    for defendant: . Jeffrey C. Donaldson Donaldson & Bell, Ryburn C. Ratterree, John P. Connell Ellis, Painter, Ratterree & Adams LLP and David R. Smith Branan, Searcey & Smith, Savannah, for appellee.
    Case Number: A10A1839

    The plaintiff could not show that a county commissioner's actions with regard to a 3-foot hole in the roadway were ministerial in the absence of evidence of any procedures or instructions with regar

  • State v. Bethel

    Publication Date: 2011-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert E. Brooks Jr., Assistant District Attorney, Cedartown, and Bryan R. Howard, Assistant District Attorney, Buchanan, for appellant.
    for defendant: Oliver J. Browning Jr. Public Defender's Office, Buchanan, for appellee.
    Case Number: A10A1863

    The arresting officer had authority to arrest the defendant when he saw the defendant commit a traffic violation, even though the officer was outside his territorial jurisdi

  • State v. Driggers

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James B. Smith, District Attorney, and Mary E. Forwood, Assistant District Attorney, Winder, for appellant.
    for defendant: William S. Cowsert and Michael S. Broun II Cowsert & Avery, Athens, for appellee.
    Case Number: A10A1971

    Officers had no authority to re-enter the defendant's house, after he refused consent to search and his girlfriend was no longer in d