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  • Vann v. Finley

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Daniel W. Hamilton Shepard Plunkett Hamilton, Augusta, for appellant. Joseph R. Neal Jr., Douglas M. Nelson, Stanley C. House, Augusta, Christopher J. Hudson, Martinez, and Charles M. Cork III, Macon, for appellees.
    for defendant:
    Case Number: A11A1323

    The trial court properly denied summary judgment on the basis of official immunity in a wrongful death case, where some evidence showed that the fire inspector had a ministerial duty to enter the mo

  • Merry v. Robinson

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Walter C. Hartridge, Andrew H. Dekle Bouhan, Williams & Levy LLP, Savannah, Patrick J. Rice, and David E. Hudson Hull Barrett PC, Augusta, for appellant. Charles J. Bowen Jr., James R. Fletcher II Weinstock & Scavo PC, Atlanta, and Mills L. Morrison Jr. Law Office of Darrell T. Johnson Jr. LLC, Hardeeville, S.C., for appellees.
    for defendant:
    Case Number: A11A1099

    The rule of the indivisibility of judgments applies here, where the trial court set aside the over $1M default judgment entered jointly against both defendants as to the first defendant, who had fi

  • Bush v. Bank of New York Mellon

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Louise T. Hornsby, Atlanta, for appellants. Jimmy T. Howell Jr. and Steven J. Flynn McCalla Raymer LLC, Atlanta, for appellees.
    for defendant:
    Case Number: A11A1394

    The Court vacated the judgments below and remanded the case, directing the trial court to require the plaintiffs to provide a more definite statement of their claims before passing on the defendants

  • Outlaw v. Rye

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Shelby A. Outlaw and Wayland R. Walker Jr. The Outlaw Firm LLC, Decatur, for appellant. Charla E. Strawser Callner, Portnoy & Strawser PC, Atlanta, for appellee.
    for defendant:
    Case Number: A11A1419

    The trial court properly dismissed an attorney's petition to foreclose on a lien filed under OCGA § 15-19-14, because it involved property that her client recovered in a settlement agreement, and no

  • An v. Active Pest Control S. Inc.

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Richard S. Alembik and Willis L. Miller IV Richard S. Alembik PC, Decatur, for An. Matthew P. Lazarus and Jason D. Hergenroether Scrudder, Bass, Quillian, Horlock, Taylor & Lazarus, Atlanta, for Active Pest Control.
    for defendant:
    Case Number: A11A1185; A11A1186

    The trial court erred in granting summary judgment to the defendant pest control company without ruling on the admissibility of the opinions of the plaintiff's experts as to whether her home sustain

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Higginbotham v. Knight

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Daniel W. White, Douglas R. Haynie Haynie, Litchfield & Crane PC, Marietta, and Barbara A. Sosebee, Blue Ridge, for appellants. James A. Balli Sams, Larkin & Huff LLP, Marietta, for appellee.
    for defendant:
    Case Number: A11A1036

    The trial court erred in finding that the plaintiff has an easement across the defendants' lots, even though all lot owners were bound by an agreement granting an easement along the road system wit

  • Raines v. Maughan

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: D. Richard Jones III Jones & Walling and Julie A. Dlott, Atlanta, for appellants. Matthew G. Moffett and Wayne S. Melnick Gray, Rust, St. Amand, Moffett & Brieske LLP, Atlanta, for appellees.
    for defendant:
    Case Number: A11A0793

    In an action alleging that the apartment complex owner breached a duty to keep the premises safe, the trial court did not abuse its discretion in refusing to admit evidence of a carjacking that occu

  • Clark v. Rush

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Tavis L. Knighten, Atlanta, Mary K. Durant, Tucker, and Allison M. McDonald, Decatur, for appellant. Roger W. Orlando The Orlando Firm PC, Decatur, for appellee.
    for defendant:
    Case Number: A11A1418

    The pattern jury instruction on comparative negligence is no longer an accurate statement of law as it is inconsistent with the amended O.C.G.A. § 51-12

  • Whitlock v. Moore

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: James N. Sadd, Daniel M. Epstein Slappey & Sadd LLC, and John D. Hadden, Atlanta, for appellants. Erica L. Parsons Arnold & Taylor PLCC, Alpharetta, Frederick M. Valz III Carlock, Copeland, Semler & Stair, Marc H. Bardack Bovis, Kyle & Burch LLC, Russell D. Waldon Harper, Waldon & Craig, Atlanta, and Russell B. Davis Downey & Cleveland, Marietta, for appellees.
    for defendant:
    Case Number: A11A1475; A11A1476

    The trial court did not err in granting summary judgment to the defendants because, even if they breached a duty owed to other travelers on the roads by continuing to pursue a stolen van after the t

  • Lewis v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Michael L. Brown, Bernard Taylor Alston & Bird, and Angela Adams, Atlanta, for appellant. Robert D. James Jr., District Attorney, John S. Melvin, Deputy Chief Assistant District Attorney, Deborah D. Wellborn, Michael S. Carlson, Assistant District Attorneys, Decatur, and Rhani M. Lott Hunton & Williams LLP, Atlanta, for appellee. Other party representation: Brenda J. Bernstein The Bernstein Firm PC, Charles T. Brant, Atlanta, and John H. Petrey, Decatur.
    for defendant:
    Case Number: A11A0859

    The trial court abused its discretion in disqualifying an attorney and law firm from continued representation of the defendant in a criminal matter because the firm also represented the employer of