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  • State v. Kelley

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Fredric D. Bright, District Attorney, Milledgeville, and Melanie M. Bell, Assistant District Attorney, Covington, for appellant.
    for defendant: Frank H. Childs Jr., William H. Noland Groover & Childs, Macon, Charles A. Mathis Jr. The Mathis Law Firm, Atlanta, and W. Dan Roberts, Monticello, for appellee.
    Case Number: A09A2402

    The trial court did not err in granting the defendant's motion to suppress, because the judge, who signed the search warrant, lacked authority to act in the case-the order appointing the judge was in

  • In the Interest of T.C.

    Publication Date: 2010-03-26
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John R. Wiggins, Ringgold, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, Jennifer E. Hildebrand, LaFayette, Steven M. Ellis, Chickamauga, and Justin G. Woodward, Chattanooga, Tenn., for appellee.
    Case Number: A09A2243

    An order extending DFACS' temporary custody of the children, which the juvenile court entered three days after DFACS filed the termination petition, did not preclude a subsequent finding that clear

  • Harman v. McAfee

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Charles S. Conerly, Joseph N. Smith and Randall C. Parian Smith Diment Conerly LLP, Carrollton, for appellant.
    for defendant: Kevin R. Armbruster, Jason C. Grech and Kirk M. McAlpin Jr. Cushing, Morris, Armbruster & Montgomery LL, Atlanta, for appellee.
    Case Number: A09A2315

    The plaintiff only had to show that she had a viable, colorable claim with regard to the defendant's promissory note guaranty to be entitled to an exception from discharge in the defendant's bankrup

  • Sassafras Mountain Estates Property Owners Ass'n Inc. v. Gould

    Publication Date: 2010-03-26
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mary E. Priest Downey & Cleveland LLP, Marietta, for appellant.
    for defendant: Michael A. Echols Neville & Cunat LLP, Cumming, for Gould. David E. Ralston, Blue Ridge, and Sammy J. Hawkins, Jasper, for Hawkins. Other party representation: Herman Clark Clark & Clark, Ellijay.
    Case Number: A09A2201, A09A2228

    The trial court erred in ng attorneys' fees to the appellants because the order gave no basis for the and failed to include specific findings of fact to support the

  • Dennis v. Dennis

    Publication Date: 2010-03-26
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: George M. Hubbard III and Elizabeth A. Moser, Savannah, for appellant.
    for defendant: Tracy A. O'Connell Ellis, Painter, Ratterree & Bart LLP, Savannah, for appellee.
    Case Number: A10A0500

    The father had the right under O.C.G.A. § 5-6-34 as amended to directly appeal the dismissal of his contempt m

  • Western Surety Co. v. APAC-Southeast, Inc.

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jefferson B. Slagle Thompson & Slagle PC, Duluth, Robert T. Monroe and Michael D. McRae McRae, Stegall & Peek, Cedartown, for appellant.
    for defendant: . Timothy N. Toler and Mark V. Hanrahan Toler & Hanrahan LLC, Atlanta, for appellee.
    Case Number: A09A2342

    An asphalt company's assignment of its subcontract amounted to a breach sufficient to abrogate any claim under the subcontract, because the agreement specifically stated that the subcontract could n

  • Fulton County v. Southern Hope Humane Society

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Vincent D. Hyman, County Attorney, and Robert D. Ware County Attorney's office, Atlanta, for appellant.
    for defendant: Nowell D. Berreth and Cindy S. Manning Alston & Bird LLP, Atlanta, for appellee.
    Case Number: A09A2399

    The trial court did not err in granting summary judgment to humane society on its counterclaim for breach of contract, because the county breached the contract by failing to pay the remaining amoun

  • In the Interest of J.N.

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Dennis G. Collard Kessler, Schwarz & Solomiany PC, Atlanta, for appellant.
    for defendant: John S. Husser, Rome, for appellee. Other party representation: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Kimberly P. Mullins, Dallas.
    Case Number: A09A1966

    The denial of the father's O.C.G.A. § 15-11-40 b modification petition, based on alleged changed circumstances, was directly appealable, because the denial itself was a final jud

  • Zeimaran v. Commercial Concepts Inc.

    Publication Date: 2010-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Roberts C. Milling II and Marla M. Eastwood Henry Spiegel & Milling LLP, Atlanta, for appellant.
    for defendant: Walter B. McClelland Mabry & McClelland LLP and Michael W. Lord Greenfield, Bost & Kliros PC, Atlanta, for appellees.
    Case Number: A09A1680

    A Salon owner's claim against architect failed, because owner could not show that architect's failure to include a railing around the storage area proximately caused her

  • State v. Encinas

    Publication Date: 2010-02-26
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Otis L. Scarbary, Solicitor, and Cynthia T. Adams, Chief Assistant Solicitor, Macon, for appellant.
    for defendant: George A. Stein, Jeremy E. Citron Law Offices of George A. Stein, Atlanta, and Brian T. Caron, Conyers, for appellee.
    Case Number: A09A2151

    The trial court did not err in finding that the officer lacked probable cause to arrest defendant for DUI, even though defendant refused testing, since his speech was normal, he was steady on his f