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  • Lee v.State

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stuart H. Patray and Robert L. Persse, Public Defenders, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Statesboro, and Brian A. Deal, Assistant District Attorney, Springfield, for appellee.
    Case Number: A10A1419

    Double jeopardy does not bar retrial for convictions reversed for lack of proving

  • Moon v. CSA Credit Solutions of Am. Inc.

    Publication Date: 2010-07-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James W. Hurt Jr. Lewis, Stolz, Hurt, Frierson & Grayson LLP, Athens, for appellant.
    for defendant: . E. Davison Burch, Thomas F. Hollingsworth III Blasingame, Burch, Garrard & Ashley, Athens, Kenneth M. Kliebard and Todd L. McLawhorn Howrey LLP, Chicago, Ill., for appellee.
    Case Number: A10A0597

    The trial court erred in ruling that the forum selection and choice of law provisions in the parties' agreement for debt adjustment services were valid and required that the plaintiffs' suit be bro

  • Balboa Life & Casualty LLC v. Home Builders Finance Inc.

    Publication Date: 2010-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Denise W. Spitalnick and James H. Fisher II Hall, Booth, Smith & Slover PC, Atlanta, for appellant.
    for defendant: . John P. Webb, Stockbridge, for appellee.
    Case Number: A10A0387

    The record belied the mortgagee's contention that it had provided the information necessary for the insurers to conclude that the mortgagee had a right to claim the entire $103K of insurance procee

  • Estate of Shannon v. Ahmed

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Terrence A. Shannon, Porterdale, for appellant.
    for defendant: . Kirby G. Mason Hunter, Maclean, Exley & Dunn PC, Joseph P. Brennan, B. Nicole Smith Brennan & Wasden LLP, Christopher L. Ray Oliver Maner LLP, Savannah, and Michael G. Frick Hall, Booth, Smith & Slover PC, Brunswick, for appellees.
    Case Number: A10A0917

    The plaintiffs complaint adequately pled fraud, battery and wrongful death against doctors and others involved in the decedent's care, after the decedent twice aspirated, biting off a portion of his

  • Kyle v. Georgia Lottery Corp.

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Angelo T. Merolla Merolla & Gold LLP, Atlanta, for appellant.
    for defendant: . Mark S. VanderBroek Troutman Sanders, Atlanta, for appellee.
    Case Number: A10A1099

    The first defendant was immune to the plaintiffs' claims for trademark infringement, deceptive trade practices and breach of contract, arising from the first defendant's Money Bags lottery games, si

  • Sidner v. State

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert D. Hyden The Hyden Law Firm and William J. McKenney McKenney & Froelich, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman and Benjamin M. First, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A10A1052

    The officers lacked probable cause to believe that the defendant intended to communicate his threats to a victim, so the defendant had the right to resist a

  • Flores v. Exprezit Stores 98-Ga. LLC

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Edward J. Bauer, Brandon R. Day Edward J. Bauer PC and Mary K. Durant, Atlanta, for appellant.
    for defendant: Gene A. Major Fain, Major & Wiley, Y. Kevin Williams, John B. Jackson, Michael A. Sexton Weinberg, Wheeler, Hudgins, Gunn & Dial, Robert C. Semler, Atlanta, John H. Smith Jr. Young, Thagard, Hoffman, Smith & Lawrence, Valdosta, Douglas L. Gibson Gibson & Assocs. PC, Waycross, Brian S. Duffey, Mary L. Wakeman and Jeff F. Dodson McConnaughhay, Duffy, Coonrod, Pope & Weaver PA, Tallahassee, Fla.,
    Case Number: A10A0703

    The Georgia Dram Shop Act did not require a store employee to investigate whether an allegedly intoxicated man would immediately drink a 12-pack of beer in a closed, packaged container, become furth

  • Hope v. Kranc

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Ben B. Mills Jr. Mills & Chasteen PC, Fitzgerald, for appellant.
    for defendant: . William J. Hunter Oliver, Maner & Gray LLP, Savannah, for appellee.
    Case Number: A10A0767

    The medical malpractice plaintiff's expert affidavit was insufficient under O.C.G.A. § 24-9-6

  • Murray v. Patel

    Publication Date: 2010-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Raymond R. Grant II Cruiser & Mitchell, Norcross, for appellant.
    for defendant: . Joseph H. Fowler Hartley, Rowe & Fowler PC, Douglasville, Kimberly A. McNamara and John E. Alday Harper, Waldon & Craig, Atlanta, for appellee.
    Case Number: A10A0594

    The appellants' third-party complaint against the driver of the car in which the plaintiffs were riding when they were injured was not an impermissible attempt to substitute defen

  • Big lots v. Kiker

    Publication Date: 2010-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Douglas R. Kertscher Hill, Kertscher & Wharton LLP, Atlanta, for appellant.
    for defendant: . Kenneth A. Smith Smith, Wallis & Scott, Carrollton, for appellee. Delece Brooks State Bd. of Workers' Compensation, Atlanta.
    Case Number: A10A0790

    Some competent evidence supported the appellate division's finding that the claimant experienced a change of condition for the better and was no longer entitled to receive medical treatment benefit