• Postell v. Alfa Ins. Corp.

    Publication Date: 2015-04-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Crandall Postell and Sharon Davis, Warner Robins, proceeded pro se. James Fisher Hall Booth Smith Slover PC, Atlanta, Thomas Allen, William Larsen Martin Snow LLP, John Carey, Macon, C. Robert Melton Haygood, Lynch, Harris, Melton Watson, Forsyth, Sherman Moody, Perry, and Kaycee Hopwood Hinshaw Culbertson LLP, Chicago, Ill., for appellees.
    for defendant:

    Case Number: A14A2301

    The trial court was authorized to dismiss the appeal based on the appel delay in filing a transcript because the delay was unreasonable, inexcusable and caused by the appel

  • Charles v. Butler

    Publication Date: 2015-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Margaret Kinnear Atlanta Legal Aid Society, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, and Kimberly Lewis, Assistant Attorney General, Atlanta, for appellees.

    Case Number: A14A2095

    The Department of Labor failed to prove that the unemployment benefits recipient committed fraud within the meaning of O.C.G.A. § 34-8-255 when he underreported his income from a part-tim

  • Ashton Atlanta Residential LLC v. Ajibola

    Publication Date: 2015-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: F. Carlton King Ford Harrison LLP, Atlanta, for appellant.
    for defendant: Ashley Broach, Charles Marsh Swift, Currie, McGhee Hiers LLP, John Mansour, Carolina Bryant Ayoub Mansour LLC, Monika Cunha, Victor Todoriuc, Nancy Stacer, Ryan Wilson, Monterey Elkins, Pamela Haynes, Drew Johnson, Irnya Sheveruk, Joann Jordan, Atlanta, and Bobby Terry, Duluth, for appellees.

    Case Number: A14A1602

    Georgia's statute of repose barred the plaintiffs' action against a developer for damages resulting from broken and damaged water lines at a townhouse comm

  • Sunset Help LLC v. Community S. Bank

    Publication Date: 2015-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Charles Conerly and David Luzum Smith Conerly LLP, Carrollton, for appellant.
    for defendant: . Bryan Busch, Shane Stogner, and Laura Mirmelli Busch, Slipakoff Schuh LLP, Atlanta, for appellee.

    Case Number: A14A2320

    The trial court improperly ruled on the parties' motions for summary judgment without conducting an oral hearing as required by Uniform Superior Court Rul

  • Hendrix v. Fulton DeKalb Hosp. Auth.

    Publication Date: 2015-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kenneth Gordon, LaGrange, for appellant.
    for defendant: . James West and Ayanna Jones-Lightsy James C. West III PC, Decatur, for appellee.

    Case Number: A14A2115

    The plaintiffs' expert affidavit was defective, as the affiant lacked the appropriate level of knowledge relevant to the alleged medical malpra

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  • Harrison v. State

    Publication Date: 2015-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John Kraft, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Madonna M. Little, Assistant District Attorney, Augusta, for appellee.

    Case Number: A14A2313

    The trial court erred in revoking the defendant's probation for a period of time exceeding that authorized by O.C.G.A. § 42-8-34.1 subsect

  • MJL Properties LLC v. Community S. Bank

    Publication Date: 2015-01-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: William Joiner Mitchell Shapiro LLP, Atlanta, for appellant.
    for defendant: . Bryan Busch and Laura Mirmelli Busch, Slipakoff Schuh LLP, Atlanta, for appellee.

    Case Number: A14A2160

    The defendants were not harmed by the failure to properly serve them with the rule nisi order setting a hearing on the plaintiff's summary judgment motion, as this did not prevent defendants' couns

  • Rodriguez v. State

    Publication Date: 2015-01-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Eric C. Crawford Crawford and Boyle LLC, Monroe, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Ayanna K. Sterling-Jones District Attorney's Office, Lawrenceville, for appellee.

    Case Number: A12A2397

    The Supreme Court vacated the Court of Appeals' judgment, as the Court of Appeals should have immediately transferred the case to the Supreme Court rather than rendering a decision, since its 12 jud

  • Burton v. State

    Publication Date: 2015-01-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James S.V. Weston Trotter Jones LLP, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Madonna M. Little, Assistant District Attorney, Augusta, for appellee.

    Case Number: A14A1864

    The trial court did not abuse its discretion in denying the defe s motions for mistrial based on the State's failure to produce certain witness statements and its untimely disclosure of the def

  • Georgia Dep't of Transp. v. Owens

    Publication Date: 2015-01-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Kathleen Pacious, Deputy Attorney General, Loretta Pinkston, Senior Assistant Attorney General, G. Michael Banick, Assistant Attorney General, Sharon Horne, and Kirsten Daughdril Attorney General's Office, Atlanta, for GDOT. Allison Salter, Roy Barnes, and John Salter The Barnes Law Group LLC, Marietta, for C. W. Matthews Contracting Co. Shubhra Mashelkar, Patrick Moore Weinberg, Wheeler, Hudgins, Gunn Dial LLC, and Mark Murray, Atlanta, for Owens et al.
    for defendant:

    Case Number: A14A1486; A14A1487

    The Court partially affirmed the denial of the defendants' motions for summary judgment in a wrongful death and negligence action arising out of an automobile collision at a construction site along