• Cooper/T. Smith v. Georgia Ports Auth.

    Publication Date: 2009-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James W. Scarbrough Mabry & McClellan Esq., Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, George S. Zier, Assistant Attorney General, R. Dennis Withers Robins, Kaplan, Miller & Ciresi, Austin L. Ramsey III Rumsey & Ramsey, Atlanta, Thomas L. Bass Jr. and Sandra E. Foster Brennan, Harris & Rominger, LLP, Savannah, for appellees.

    Case Number: A09A0980

    In a dispute over a maritime con the court must determine if the case is inherently local or not, which determines whether federal or state law governs the interpretation of the con

  • Jones v. Warner

    Publication Date: 2009-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Michael O. Mondy Mondy & Company LLC, Atlanta, for appellant.
    for defendant: Thomas R. Mondelli City of Atlanta Law Department and Dennis M. Young, Assistant City Attorney, Atlanta, for appellee.

    Case Number: A09A1939

    The trial court erred in granting summary judgment to an officer on the plaintiff's malicious prosecution claim, because the evidence showed that a prosecution had occurred and a question of fact ex

  • RSN Properties, Inc. v. Engineering Consulting Services

    Publication Date: 2009-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Herman Clark Clark & Clark, Ellijay, James C. Morton, Atlanta, for appellant.
    for defendant: Gregory H. Wheeler and Broderick W. Harrell Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellee.

    Case Number: A09A0872

    A contract limiting the defendant's liability for professional services was not contrary to public policy in this

  • Davis v. Overall

    Publication Date: 2009-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Alton M. Adams Adams Law Firm LLC, Toccoa, for appellant.
    for defendant: William R. Oliver, Clarkesville, for appellee.

    Case Number: A09A1088

    The trial court erred by granting summary judgment to appellee on plaintiffs' nuisance and trespass claims, because plaintiffs owned an easement to enter, care for and maintain the burial plots, and

  • Lovett v. Capital Principles, LLC

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen M. Katz The Katz Law Group, Marietta, for appellant.
    for defendant: Alicia Timm, Bradley S. Wolff Swift, Currie, McGhee & Hiers LLP, Michael J. Rust and Debra K. Haan Gray, Rust, St. Amand, Moffett & Brieske LLP, Atlanta, for appellees.

    Case Number: A09A1061

    Subsection b of O.C.G.A. § 9-11-11.1 a, which requires a written verification to be filed contemporaneously with the complaint, is not inapplicable simply because defendants acted while engaged in a

  • Cunningham v. Gage

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John C. Cheshire Hall, Booth, Smith & Slover PC, Atlanta, for appellant.
    for defendant: Scott L. Bonder Fried & Bonder and Jeffrey H. Schneider Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellee.

    Case Number: A09A1278

    The plaintiffs lacked standing to bring a quia timet action, because the plaintiffs did not assert that they had title to the property at

  • Performance Food Group, Inc. v. Williams

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Douglas K. Burrell, Atlanta, for appellant.
    for defendant: Trevor G. Hiestand, Ashley Giblin Harper, Waldon & Craig, Atlanta, Steven P. Gilliam Smith, Gilliam, Williams & Miles PA, Gainesville, and Robert P. Gritton, Murfreesboro, Tenn., for appellee.

    Case Number: A09A1719

    Ge s Workers' Compensation Act governs subrogation claims based on benefits paid to employees injured in Ge

  • Bergen v. State

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David J. Dunn Jr. Public Defender's Office, LaFayette, and Deborah L. Allen, Assistant Public Defender, Ringgold, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, and Melissa A. Pittman District Attorney's Office, Ringgold, for appellee.

    Case Number: A09A2350

    The trial court erred in revoking more than two years of the defendant's probation in the absence of evidence that he committed a f

  • Bradley v. Johnston

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Lawrence A. Stockton Jr., Clayton, for appellant.
    for defendant: G. Roger Land and James T. Johnston Jr., Atlanta, for appellees.

    Case Number: A09A1422

    The trial court erred in converting attorneys' fees under the parties' fee contract to a cash judgment when the terms of the contract provide that the client could elect to pay attorneys' fees thro

  • Naylor v. State

    Publication Date: 2009-10-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Donna A. Seagraves, Jefferson, for appellant.
    for defendant: Richard K. Bridgeman, District Attorney, Toccoa, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.

    Case Number: A09A0835

    Evidence that the defendant saw knew about and saw one of was sufficient to find her guilty as a party to child molestation for that particular of