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  • Propes v. The State

    Publication Date: 2018-06-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Debra Jefferson (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Daniel Porter (District Attorney), Lawrenceville; Ramona Sakhanokho (Assistant District Attorney), Lawrenceville, for appellee.
    Case Number: A18A0549

    The Court reversed defendant's conviction for violating O.C.G.A. § 16 5 60 (c), which prohibits certain conduct by HIV-infected persons, holding that State failed to show that defendant was determined to be infected with HIV by an HIV test approved for such purposes by the regulations of the Department of Community Health as required under § 16-5-60.

  • The State v. Morgan

    Publication Date: 2018-06-29
    Practice Area: Criminal Law | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge PHIPPS
    Attorneys: For plaintiff: Leigh Patterson (District Attorney), Rome; Anthony Williams (Assistant District Attorney), Dallas; Emily Harsen (Paulding County District Attorney's Office), Dallas, for appellant.
    for defendant: Robert Rutledge (Robert Christian Rutledge PC), Rome, for appellee.
    Case Number: A18A0433

    Defendant Not Justified In Using Violent Force Against Spouse In Response To Her Threat to Put His Dog Outside Their House

  • Holmes et al. v. Lyons et al.

    Publication Date: 2018-06-29
    Practice Area: Health Care Law | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: William Bird, Paul Hotchkiss (Bird Law Group PC), Atlanta; Irwin Ellerin (Ellerin Law Firm), Atlanta, for appellant.
    for defendant: Francesca Townsend, Daniel Huff, Trevor Newberry (Huff Power & Bailey LLC), Atlanta; Ashley Purcell, Kristen Rajagopal, Annalese Herndon (Hall Booth Smith PC), Atlanta, for appellee. Paul Reynolds, Atlanta; M. Reynolds (Houck Reynolds LLC), Atlanta, for amicus curiae.
    Case Number: A18A0277

    Medical Malpractice Plaintiff Stated Claim That Surgeon's Failure to Disclose His Numerous Physical Infirmities Caused Preventable Injuries

  • Gold et al. v. Dekalb County School District et al.

    Publication Date: 2018-06-29
    Practice Area: Civil Procedure | Government
    Industry: Education | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Roy Barnes, John Salter (The Barnes Law Group LLC), Marietta; Jason Carter, Naveen Ramachandrappa, Michael Terry (Bondurant Mixson & Elmore LLP), Atlanta, for appellant.
    for defendant: Leslie Bryan, Allegra Lawrence, Lisa Haldar (Lawrence & Bundy LLC), Atlanta; Thomas Bundy (Lawrence & Bundy LLC), Fulton, for appellee. Donald English (Southern States PBA Inc.), Brookhaven; Juliel Oinonen, Atlanta; Julie Oinonen (Williams Oinonen LLC), Atlanta; Matthew Pence (Professional Association of Georgia Educators) Atlanta; Gwin Hall (The Georgia Municipal Association Inc), Atlanta, for amicus curiae.
    Case Number: A18A0526

    The trial court erred in granting school district's motion for summary judgment in school employees' suit for, inter alia, breaching an agreement to provide two years' advance notice prior to suspending contributions to their Georgia Tax Shelter Annuity Plan accounts.

  • The City of College Park et al. v. Paradies-Atlanta, LLC et al.

    Publication Date: 2018-06-29
    Practice Area: Real Estate | Tax
    Industry: Real Estate | Retail | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Winston Denmark (Fincher Denmark LLC), Jonesboro; Steven Fincher (Fincher, Denmark & Williams, LLC), Jonesboro; Jack Hancock, Arash Sabzevari (Freeman Mathis & Gary, LLP), Forest Park; Eugene Smith (Fincher Denmark LLC), Atlanta, for appellant.
    for defendant: Jeffrey Mapen, Jessica Watson (Nelson Mullins Riley & Scarborough LLP), Atlanta, for appellee.
    Case Number: A18A0162

    Operators of Retail Stores in Airport Did Not Have Taxable Interests in Real Property

  • Lingo v. Early County Gin, Inc.

    Publication Date: 2018-06-28
    Practice Area: Employment Litigation
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: David Schulte, Robert Stannard (Attorney at Law), Atlanta, for appellant.
    for defendant: Tash Van Dora, Jeremiah Van Dora (The Van Dora Law Firm LLC), Hartwell, for appellee. Patricia Taylor (State Board of Workers' Compensation), Atlanta, for other party.
    Case Number: A18A0267

    Chain of Custody Not Sufficient to Support Presumption That Workplace Accident Was Caused By Use of Marijana

  • Stopanio et al., v. Leon's Fence and Guardrail, LLC et al.

    Publication Date: 2018-06-28
    Practice Area: Civil Procedure | Government | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Sarah Kjellin (Watson Spence LLP), Albany; Colin Delaney, Edward Wasmuth, Leah Sears (Smith Gambrell & Russell LLP), Atlanta; Stuart Cohen (Conroy Simberg), Hollywood, for appellant.
    for defendant: Andrew Horowitz (Drew Eckl & Farnham LLP), Atlanta; Christopher Carr (Attorney General), Atlanta; Sharon Horne (Mozley, Finlayson & Loggins), Atlanta; Lori Nash (Georgia Law Department), Kathleen Pacious (Deputy Attorney General), Atlanta; Loretta Pinkston-Pope (Senior Assistant Attorney General), Atlanta; Kathleen Turnipseed (GA Department of Law), Atlanta; William Horgan, Steven Puritz (Pennington P.A.) Tallahassee, for appellee.
    Case Number: A18A0587

    The Court vacated the trial court's order dismissing plaintiff's claims against the Georgia Department of Transportation arising out of an automobile collision that killed her parents and resulted in personal injuries to her and remanded the case for the trial court to reconsider whether the pending criminal investigation arising out of the accident tolled the 12-month deadline for plaintiff to provide ante litem notice to State.

  • Earnest Ray White v. The State

    Publication Date: 2018-06-28
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Christina Cribbs (Georgia Public Defender Council), Atlanta; Clare Gilbert (Georgia Innocence Project), Decatur, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Joshua Smith (District Attorney's Office), Augusta; Natalie Paine (District Attorney), Augusta, for appellee.
    Case Number: A18A0214

    Trial Court Applied Wrong Standard in Denying Convicted Defendant's Motion For DNA Testing of Archived Evidence

  • Barbour v. Sangha et al.

    Publication Date: 2018-06-28
    Practice Area: Civil Procedure | Court Administration
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Wayne Kendall (Attorney at Law), East Point, for appellant.
    for defendant: Lori Cohen, Victoria Lockard (Greenberg Traurig LLP), Atlanta, for appellee.
    Case Number: A18A0294

    Trial Court Had Discretion to Accept Answer to Complaint After Erroneous Rejection of Defendant's E-Filed Documents

  • Auto-Owners Insurance Company v. Hale Haven Properties, LLC

    Publication Date: 2018-06-28
    Practice Area: Banking and Finance Laws | Civil Procedure | Contractual Disputes | Insurance Law
    Industry: Insurance | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Rachel Sullivan, Michael Kendall (Kendall Law Group, LLC), Douglasville, for appellant.
    for defendant: Laurie Dugoniths (The Johnson Insurance Law Group, LLC), Atlanta; David Flint (Schreeder, Wheeler & Flint, LLP), Atlanta; C. Johnson (Hall Booth Smith, PC), Atlanta, for appellee. Kenneth Jones (Hall, Booth, Smith & Slover), Atlanta; Russell Britt (Attorney at Law), Atlanta; William Holley, Zachary LeVasseur (Parker Hudson Rainer & Dobbs LLP), for other party.
    Case Number: A18A0132

    Factual Issues Presented as to Whether Scrivener's Error and Parties' Oversight Warranted Reformation of Insurance Agreement