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  • The State v. Orr

    Publication Date: 2018-04-18
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Emily Johnson (District Attorney's Office Rome Judicial Circuit), Rome; Leigh Patterson (District Attorney), Rome; Luke Martin (Floyd County District Attorney), Rome, for appellant.
    for defendant: Benjamin Pierman (McCurdy & Candler LLC), Decatur, for appellee.
    Case Number: A17A2096

    The trial court did not err in granting defendant's motion for new trial following his convictions for family violence battery and cruelty to children in the third degree because the prosecutor impermissibly commented on defendant's pre-arrest silence in her closing argument and the error was not harmless.

  • Blackmon et al. v. Pena

    Publication Date: 2018-04-18
    Practice Area: Contractual Disputes
    Industry: Construction | Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Walker Chandler (Office of the Public Defender), Peachtree City, for appellant.
    for defendant: C. Melton (Haygood, Lynch, Harris & Melton & Watson), Forsyth, for appellee.
    Case Number: A17A1500

    Evidence Supported Finding That Contractor Failed to Complete Bargained-For Restaurant Improvements

  • Smith v. The State

    Publication Date: 2018-04-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Jackie Patterson (Attorney at Law), Atlanta, for appellant.
    for defendant: Jamie Inagawa (Fayette County Solicitor-General), Fayetteville; Joseph Myers (Chief Assistant Solicitor), Fayetteville, for appellee.
    Case Number: A18A0800

    The Court reversed defendant's conviction for DUI-less safe because State failed to prove venue beyond a reasonable doubt.

  • Tanner Medical Center, Inc. d/b/a Tanner Medical Center - Villa Rica et al. v. Vest Newnan, LLC d/b/a Newnan Behavioral Hospital et al.

    Publication Date: 2018-04-17
    Practice Area: Attorney Rates and Arrangements | Civil Procedure | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Kathlynn Polvino (KBP Law PC.), Atlanta; Robert Rozier (Baker & Hostetler LLP), Atlanta; Lawrence Myers, Lawrence Myers (Attorney at Law), Atlanta, for appellant.
    for defendant: John Hood (Wellstar Health System Inc.), Marietta; Jason Bring, Marc Peterzell (Arnall, Golden, Gregory), Atlanta, for appellee. Georgia Department of Community Health (Office of General Counsel), Atlanta; Christopher Carr (Attorney General), Atlanta, Daniel Walsh (Department of Law, State of Georgia), Atlanta, for other party.
    Case Number: A17A2125

    The trial court erred in denying appellants' motion for attorney fees in a certificate-of-need case, as they were the "prevailing parties" and entitled to fees under O.C.G.A. § 31-6-44.1 (c).

  • Murray v. Community Health Systems Professional Corp. et al.

    Publication Date: 2018-04-17
    Practice Area: Civil Procedure | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: John Brown (Attorney at Law), Augusta, for appellant.
    for defendant: Thomas Cathey, George Hall (Hull Barrett PC), Augusta; Richard Sheinis (Hall Booth Smith P.C.), Charlotte; Sean Cox (Attorney at Law), Atlanta, for appellee.
    Case Number: A17A2112

    The trial court properly granted summary judgment to defendants on plaintiff's retaliation claim because she failed to establish a prima facie case of retaliation but partially erred in granting defendants' motion for summary judgment on plaintiff's defamation claims, as a genuine issue of material fact remained with respect to one of the claims.

  • Hazelwood v. Auto-Owners Insurance Company

    Publication Date: 2018-04-17
    Practice Area: Insurance Law
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Mark Webb (Brinson, Askew, Berry, Seigler et al), Rome, for appellant.
    for defendant: Michael Kendall, Maureen Murphy, Ellen Abt (Kendall Law Group, LLC), Douglasville, for appellee. Savannah Bray (Downey & Cleveland, LLP), Marietta, for other party.
    Case Number: A17A1596

    No Underinsured Motorist Coverage Where Claimant Was Injured by Vehicle Furnished for His Regular Use

  • Jones v. The State

    Publication Date: 2018-04-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Brent Hutchison (Attorney at Law), Zebulon; Jacob Weldon (Virgil L. Brown Associates, LLC), Zebulon, for appellant.
    for defendant: Jamie Inagawa (Fayette County Solicitor-General), Fayetteville; Joseph Myers (Chief Assistant Solicitor), Fayetteville, for appellee.
    Case Number: A17A1532

    Log Sheet With Handwritten Alcohol Breath Test Results Was Admissible Under Business Record Exception to Hearsay Rule

  • Borotkanics v. Humphrey

    Publication Date: 2018-04-16
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Brad Macdonald (Hill/Macdonald, LLC), Marietta, for appellant.
    for defendant: Rhonda Kreuziger (The Kreuziger Law Firm, PC.), Fayetteville, for appellee.
    Case Number: A17A1537

    Trial Court Impermissibly Modified Divorce Decree By Ordering Party to Sell Property

  • Wilson v. Perkins

    Publication Date: 2018-04-16
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Brian Daughdrill (Roberts & Daughdrill, PC.), Atlanta, for appellant.
    for defendant: Ryan Proctor (Stearns-Montgomery & Proctor), Marietta; Christopher Hobson (Smith, Schnatmeier, Dettmering, Collins, Reeves, Hobson & Hobson, LLP), Marietta, for appellee.
    Case Number: A17A1520

    Evidence of Parent's Earlier Nolo Contendere Plea Not Admissible in Child Custody Modification Hearing

  • Eden v. Eden et al.

    Publication Date: 2018-04-16
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Kenneth Lewis, Teresa DiPonzio (Lewis & Murphy, LLP), Winder, for appellant.
    for defendant: Christopher Willis (Attorney at Law), Cumming, for appellee.
    Case Number: A17A1401

    Parties' Unilateral Transfer of Real Property to Opposing Party in Fee Simple Did Not Release Them From Their Financial Obligations