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  • Smith v. State

    Publication Date: 2016-02-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Anthony Smith, Unadilla, proceeded pro se. Paul L. Howard Jr., District Attorney, and David Getachew-Smith District Attorney's Office, Atlanta, for appellee.
    for defendant:
    Case Number: A15A2110

    The Court vacated the defendant's convictions for robbery in violation of O.C.G.A. 16-8-40 a 1 by using force to take the victim's vehicle from the person and immediate presence of the victim and t

  • Yan v. Herlis Assocs. LLC

    Publication Date: 2016-02-18
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thomas Blaska, Dana Norman, and T. Charles Blaska The Blaska Law Firm LLC, Atlanta, for appellant.
    for defendant: Terrell Benton Hall, Booth, Smith Slover PC, Thomas Brennan, Elliot Tiller Fain, Major, Wiley Brennan PC, Hollis Cobb Law Offices of Thomas O. Sippel, and Todd Robinson Knight, Johnson LLC, Atlanta, for appellees.
    Case Number: A16A0173

    The trial court properly dismissed Count 2 of the plaintiff's negligence complaint due to her failure to state a claim upon which relief could be gr

  • Williams v. State

    Publication Date: 2016-02-17
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Natalie Glaser, Dublin, for appellant.
    for defendant: Louie Fraser, District Attorney, Cheryl Banks, and Leslie Ray, Assistant District Attorneys, Dublin, for appellee.
    Case Number: A15A1953

    The trial court lacked authority to vacate or alter its prior judgment denying the defendant's motion to suppress certain evidence, since the Court of Appeals had dismissed the defendant's second ap

  • Global Ship Sys. LLC v. RiverHawk Group LLC

    Publication Date: 2016-01-19
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Rosemary Armstrong Armstrong Nix PC, Atlanta, for appellant.
    for defendant: . Robert Threlkeld Morris Manning Martin LLP, Atlanta, for appellees. Other party representation: William Bowen Bowen Painter Gorman LLC, Savannah.
    Case Number: A15A1057

    Res judicata barred the plaintiffs' third civil action arising from the same set of

  • Walton v. State

    Publication Date: 2016-01-07
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jackie Patterson, Atlanta, for appellant.
    for defendant: Tasha Mosley, Solicitor General, Jonesboro, for appellee. Other party representation: Jack Hancock Freeman Mathis Gary LLP, Forest Park.
    Case Number: A15A2217

    Judicial Council of Georgia Rule 2.3 A does not entitle non-indigent criminal defendants to a free transcript of trial proceedings; rather, it provides for free digital copies of a transcript to the

  • Kilby v. State

    Publication Date: 2015-12-31
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Timothy Healy Healy Svoren, Toccoa, for appellant.
    for defendant: Brian Rickman, District Attorney, Clarkesville, and Emma Hastings District Attorney's Office, Clayton, for appellee.
    Case Number: A15A1596

    The evidence authorized the jury to find that the defendant diverted $10,550 worth of PayPal donations intended for a no-kill shelter to her own personal bank accounts for her ow

  • Standard v. Falstad

    Publication Date: 2015-12-16
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Roy Barnes, Charles Tanksley, and Walter Wilson The Barnes Law Group LLC, Marietta, for appellant.
    for defendant: Nicholas Deeb, Robert Hill, and Ashley Bagiatis McLain Merritt PC, Atlanta, for appellees.
    Case Number: A15A1419

    The defendants were entitled to summary judgment on the plaintiff's claims for malicious prosecution and intentional infliction of emotional distress after the defendants successfully argued for an

  • Ridley v. Turner

    Publication Date: 2015-12-15
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Daniel Greenfield Jack F. Witcher, Breman, for appellant.
    for defendant: . Jeffrey Duncan, Tallapoosa, for appellees.
    Case Number: A15A0769

    The trial court did not err in denying the appellants' motion for new trial after a jury awarded the appellees $90,000 in their trespass and nuisance action, in which they alleged that erosion from

  • Esposito v. Pharr Court Assocs. LP

    Publication Date: 2015-12-15
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert Coker, Duluth, for appellant.
    for defendant: Craig Brookes and Karen Smiley Hanks Brookes LLC, Atlanta, for appellee.
    Case Number: A15A1151

    The plaintiff failed to show that the defendant nursing home had actual or constructive knowledge of the hazard that caused her to slip and fall while she was visiting a resident, and the defendant

  • Bell v. Taylor

    Publication Date: 2015-11-25
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: DuAnn Davis, Reidsville, for appellant.
    for defendant: William Edgar, Alma, for appellee. Other party representation: Kristy Taylor, Waycross.
    Case Number: A15A1621

    The trial court's order granting joint legal custody of the child to the father and maternal grandmother, with the maternal grandmother having primary physical custody, did not evince any finding t