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  • Volz v. State

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Brittney L. Coons-Long, Assistant Public Defender, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Laura A. Wood, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A10A1677

    The trial court did not err in denying the defendant's pre-trial motion to quash his indictment for failing to notify the sheriff's office of his address change for purposes of the state sexual offe

  • Tanner v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Gary R. Williams Public Defender's Office, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Natalee L. Staats, Assistant District Attorney, Rome, for appellee.
    Case Number: A10A2247

    The defendant failed to avail himself of the trial court's authorization to file a motion to modify his sentence of 100 years, with 30 to serve, within 30

  • Westmoreland v. Jordan Partners LLLP

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: G. Roger Land, Atlanta, for Jordan Partners. Russell L. Adkins Jr. Adkins & Whitfield, Marietta, for Westmoreland.
    for defendant:
    Case Number: A10A1041, A10A1042

    The plaintiff could not maintain its suit, because it was a foreign limited liability limited partnership, not authorized to transact business in G

  • Kaolin v. J.W. Blackshear

    Publication Date: 2010-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: R. Napier Murphy and Adam J. Hand Murphy & Sibley PC, Macon, for appellant.
    for defendant: Thomas W. Herman Westmoreland, Patterson, Moseley & Hinson LLP, Macon, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Compensation, Atlanta.
    Case Number: A10A1216

    An employer must strictly comply with the 60-day notice requirements set forth in O.C.G.A. § 34-9-104 and Board Rule 104 when seeking to reduce benefits following a work re

  • Ramcke v. Georgia Power Co.

    Publication Date: 2010-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John M. Strain Strain & Rutledge and Genevieve L. Frazier, Rome, for appellant.
    for defendant: . Warner S. Fox, Christopher S. Keith Hawkins, Parnell, Thackston & Young LLP, Atlanta, and Robert M. Brinson, Rome, for appellees.
    Case Number: A10A1607

    In a wrongful death action, appellees had no duty to keep their premises safe for their contractor's invitees, because they surrendered temporary possession and control of the property to the contra

  • Conklin v. Acceptance Indemnity Ins. Co.

    Publication Date: 2010-10-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mark A. Barber Baker, Donelson, Bearman, Caldwell & Berkowitz PC, W. Scott Henwood Hall, Booth, Smith & Slover PC, Duane L. Cochenour, Atlanta, and Michael M. Calabro, Alpharetta, for Conklin. Mary A. Cooper and R. Clay Porter Dennis, Corry, Porter & Smith LLP, Atlanta, for Acceptance Indemnity Ins. Co. Other party representation: Robert A. Cowan The Cowan Law Firm LLC, Dalton.
    for defendant:
    Case Number: A10A1424; A10A1425

    The third-party driver, who caused the accident in question, used the insured car for a purpose that bore no relation to the use granted by the insured, thus, the driver was not a second permittee u

  • Smith v. State

    Publication Date: 2010-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Linnie L. Darden III Jones, Osteen, Jones & Arnold, Hinesville, for appellant.
    for defendant: Julia A. Slater, District Attorney, and Jennifer E. Dunlap, Assistant District Attorney, Columbus, for appellee.
    Case Number: A10A1704

    The Court of Appeals partially vacated the judgment on the defendant's convictions for attempted child molestation conviction and other crimes, because the state's act of striking two African-Americ

  • Mays v. Kroger Co.

    Publication Date: 2010-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Charles A. Mathis Jr. and Susan M. Cremer The Mathis Law Firm, Atlanta, for appellant.
    for defendant: . Douglas A. Wilde, Tyrone, for appellees.
    Case Number: A10A2008

    Since a wrongful death action is separate and distinct from an action for pain and suffering, the trial court erred when it set off a judgment for an estate's claim for pain and suffering by an amou

  • Lariscy v. Eschette

    Publication Date: 2010-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Britton G. White and Edward R. Stabell III Brennan, Harris & Rominger LLP, Savannah, for appellant.
    for defendant: Virginia E. Patterson, Rincon, for appellee.
    Case Number: A10A1373

    The plaintiff, a guest of the property tenants, failed to show that the landlord had superior knowledge of any defects in the steps that may have caused her fall and i

  • Wills v. Arnett

    Publication Date: 2010-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stuart A. Kurtz, Marietta, for appellant.
    for defendant: Justin B. O'Dell Cauthorn Nohr & O'Dell, Gilder H. Howard Sr., Marietta, and Michael E. McLaughlin, Atlanta, for appellee.
    Case Number: A10A1951

    The parties' divorce decree disposed of the ex-wife's contribution claim and there was probable cause for her arrest, so the ex-husband was entitled to summary judgment on her claims for false arres