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  • Automotive Credit Corp. v. White

    Publication Date: 2018-02-13
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Trace Dillon (Dillon Law Firm P.C.), Snellville; Dwayne Kinney, Snellville, for appellant.
    for defendant: Dominique White, Kennesaw, for appellee.
    Case Number: A17A1559

    The trial court erred in denying plaintiff's petition to domesticate and enforce a foreign judgment; although the trial court correctly found that, under O.C.G.A. § 9-12-60, the judgment became dormant seven years after it was entered, the trial court overlooked the fact that plaintiff had an additional three years after the judgment became dormant to revive it under O.C.G.A. § 9-12-61.

  • Williams v. Johnson

    Publication Date: 2018-02-13
    Practice Area: Civil Procedure | Premises Liability
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Lloyd Hedrick (Hedrick Law LLC), Atlanta, for appellant.
    for defendant: Derric Crowther (Crowther Law Firm, PC), Atlanta; Deirdre Stephens (Attorney at Law), Pine Lake, for appellee.
    Case Number: A17A1652

    Defendant was entitled to summary judgment in plaintiff's premises liability suit because plaintiff had at least equal, if not superior, knowledge as defendant did of the hazard that caused his injury and the evidence was "plain, palpable and undisputable."

  • Stanley v. Government Employees Insurance Company

    Publication Date: 2018-02-13
    Practice Area: Insurance Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Clyde Rickard (Rickard & Nix), Atlanta; Jessica Nix (The Law Office of Rickard & Nix), Atlanta, for appellant.
    for defendant: Frederick Valz, T. Bell (Carlock, Copeland & Stair, LLP), Atlanta, for appellee. Alissa Young, Long Eddy, for other party.
    Case Number: A17A1813

    Insurer was entitled to summary judgment in plaintiff's action seeking uninsured motorist coverage from his fiancs parents automobile insurance carrier.

  • In The Interest Of J. F., a child.

    Publication Date: 2018-02-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: G. Stepp (G. Richard Stepp, P.C.), Lawrenceville, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Nhan-Ai Simms, Pareesa Amjadi (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A16A0395

    The trial court properly denied juvenile defendant's motion to dismiss the case against him with prejudice because when State fails to file a delinquency petition within the required 30 days or to seek and receive an extension of that deadline, the case must be dismissed without prejudice.

  • Lester v. The State

    Publication Date: 2018-02-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Kevin A. Anderson, for appellant.
    for defendant: Paul L. Howard, Jr., District Attorney, F. McDonald Wakeford IV, Assistant District Attorney, for appellee.
    Case Number: A17A1007

    The Court affirmed defendant's conviction for aggravated assault for striking his former girlfriend in the face with a pool stick, ultimately resulting in the loss of her eye, as the trial court did not abuse its discretion in barring defendant's counsel from asking certain questions during voir dire and did not err in denying defendant's motion to strike the venire after State displayed demonstrative versions of a pool stick in the courtroom during voir dire.

  • West v. The State

    Publication Date: 2018-02-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A17A2020

    The trial court properly granted State's motion in limine seeking to prohibit any testimony or evidence about defendant's belief that the victim was over the age of consent in his trial on two counts each of child molestation and statutory rape because a defendant's knowledge of the age of the victim is not an essential element of either crime and, therefore, it was no defense that the accused reasonably believed that the victim was of the age of consent.

  • State Of Georgia et al. v. International Indemnity Company et al.

    Publication Date: 2018-02-09
    Practice Area: Government
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Christopher M. Carr, Attorney General, Isaac Byrd, Deputy Attorney General, Daniel S. Walsh, Jeffrey W. Stump, Senior Assistant Attorneys General, Sarah H. Warren, Solicitor-General, for State of Georgia et al.
    for defendant: Barnes & Thornburg, Thomas J. Gallo, for International Indemnity Company et al. Robbins Ross Alloy Belinfante Littlefield, Richard L. Robbins, Alexander F. Denton, for Regulatory Technologies, Inc.
    Case Number: A17A1195

    The trial court erred in finding that the State of Georgia waived sovereign immunity under the Insurers Rehabilitation and Liquidation Act as to claims for payment of administrative expenses and attorney fees.

  • Roberts et al. v. Mulkey et al.

    Publication Date: 2018-02-09
    Practice Area: Government | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Kam, Ebersbach & Lewis, Brian D. Lewis, Randy J. Ebersbach, for appellants.
    for defendant: Owen Gleaton Egan Jones & Sweeney, W. Seaborn Jones, Derrick L. Bingham, for appellees.
    Case Number: A17A1324

    In plaintiffs' personal injury suit, the trial court erred in granting summary judgment to defendant on the basis of official immunity because defendant negligently failed to perform a ministerial act and official immunity thus did not bar the suit.

  • Whaley v. The State

    Publication Date: 2018-02-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: The Merchant Law Firm, Ashleigh B. Merchant, John B. Merchant III, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, Amelia G. Pray, John S. Melvin, Assistant District Attorneys, for appellee.
    Case Number: A17A0848

    The evidence supported defendant's conviction on one count of violation of Georgias RICO Act for acquiring money and property through a pattern of racketeering activity in violation of O.C.G.A. § 16-14-4 (a) and the trial court did not plainly err in admitting extrinsic act evidence of defendant's prior guilty plea to theft by taking.

  • The State v. Williams

    Publication Date: 2018-02-08
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: William Callaway (Callaway Neville & Brinson), Claxton; Richard Mallard (District Attorney), Statesboro, Keith McIntyre (Chief Assistant District Attorney), Statesboro, for appellant.
    for defendant: Robert Persse (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: A15A1858

    The Court of Appeals remanded the case to the trial court for clarification on the specific findings that formed the basis for the trial court's legal conclusions with regard to its grant of defendant's motion to suppress the admission of a statement he made to police after his arrest for obstruction.