• Hickey v. RREF BB SBL Acquisitions LLC

    Publication Date: 2016-05-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Fred Slotkin Slotkin Caiola LLC, Decatur, for appellant.
    for defendant: . Andrea Pawlak and Kevin Ward Schulten Ward Turner LLP, Atlanta, for appellee.

    Case Number: A15A1969

    The trial court did not abuse its discretion in denying a motion to quash a subpoena the appellee served on a non-party bank as part of its post-judgment discovery efforts against a judgment debtor

  • Bo Phillips Co. Inc. v. R. L. King Props. LLC

    Publication Date: 2016-05-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Griffin Bell and Daniel Seelos Griffin Bell III PC, Decatur, for appellant.
    for defendant: . Rena Holmes Holmes Legal Group LLC, Lithonia, for appellees.

    Case Number: A15A2003

    Genuine issues of material fact remained in the plaintiffs' suit for conversion, the remedy of a constructive trust, punitive damages and attorney fees, and the trial court erred in granting the def

  • Mbigi v. Wells Fargo Home Mortgage

    Publication Date: 2016-05-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Lovemore Mbigi, Buford, proceeded pro se. Dylan Howard, Joshua Tropper, and Daniel Moore Baker, Donelson, Bearman, Caldwell Berkowitz PC, Atlanta, for appellee.
    for defendant:

    Case Number: A15A2067

    The trial court erred in dismissing for failure to state a claim the plaintiff's complaint against a lender asserting claims for wrongful foreclosure, a RICO violation, fraudulent and/or negligent m

  • Classic Commercial Servs. Inc. v. Baldwin

    Publication Date: 2016-05-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: David Merbaum and Katherine Willett Merbaum Law Group PC, Alpharetta, for appellant.
    for defendant: James Martin Hays Potter Martin, Peachtree Corners, for appellee.

    Case Number: A15A2185

    The defendant failed to meet his burden of showing that the trial court lacked personal jurisdiction over him, and the trial court thus erred in dismissing the action on that

  • Dukes-Walton v. Atlanta Indep. Sch. Sys.

    Publication Date: 2016-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Borquaye Thomas The Teacher's Lawyer LLC, Atlanta, for appellant.
    for defendant: Sherry Culves Nelson, Mullins, Riley Scarborough LLP, Atlanta, Canon Hill, and Sharon Reeves Jones Cork Miller LLP, Macon, for appellee.

    Case Number: A15A2296

    The evidence was sufficient to support the Georgia Board of Education's decision upholding the termination of a principal's employment contract arising from testing improprieties during the adminis

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  • Ferguson v. State

    Publication Date: 2016-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Thomas Robinson Robinson Associates, Snellville, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Deborah Wellborn, Assistant District Attorney, Decatur, for appellee.

    Case Number: A15A1818

    The evidence sufficiently supported the defendant's convictions for trafficking a person for sexual servitude, pimping a person less than 18 years of age, enticing a child under the age of 16 years

  • Wiley v. State

    Publication Date: 2016-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: George Law Whitmer Law, Gainesville, for appellant.
    for defendant: James Smith, District Attorney, Jefferson, and Samuel Skelton, Assistant District Attorney, Homer, for appellee.

    Case Number: A15A2148

    The evidence supported the trial court's determination that, under the circumstances of the case, se counsel's failure to offer his professional input as to whether th

  • State v. Dowdell

    Publication Date: 2016-04-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, and Rodney Atreopersaud District Attorney's Office, Atlanta, for appellant.
    for defendant: Jennifer Lubinsky Public Defender's Office, Atlanta, for appellee.

    Case Number: A15A2308

    The trial court did not clearly abuse its discretion in excluding certain other acts evidence in the State's prosecution against the defendant on a rape c

  • Stone v. Webb

    Publication Date: 2016-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Alan Mullinax and Zachary Stepp Alan Mullinax Associates PC, Lawrenceville, for Stone. Lawrence Washburn, Lawrenceville, for Webb. Other party representation: Linda McKinley, Guardian Ad Litem, Anna Stone, and Deana Spencer in Case No. A15A0148 only Spencer Law LLC, Lawrenceville.
    for defendant:

    Case Number: A15A0147; A15A0148

    The Court vacated the order awarding joint legal custody of a minor child to the child's father and maternal grandmother and remanded for reconsideration in light of a recent Supreme Court of Georgi

  • Baughns v. State

    Publication Date: 2016-03-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Michael Brooks Conflict Defenders Office, and Ryan Ignatius Law Offices of James W. Smith, Athens, for appellant.
    for defendant: Kenneth Mauldin, District Attorney, and Brian Patterson, Chief Assistant District Attorney, Athens, for appellee.

    Case Number: A15A2242

    The trial court did not abuse its discretion in permitting the State to introduce evidence of uncharged burglaries in the defendant's trial, because those offenses arose out of the same burglary spr