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  • King v. The State

    Publication Date: 2018-01-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Deborah Leslie (The Leslie Group, LLC), Jonesboro, for appellant.
    for defendant: Bradford Rigby, Whitney Bradford (District Attorney's Office of the Cordele Judicial), Cordele, for appellee.
    Case Number: A17A1877

    Although the evidence was sufficient to support defendant's conviction for incest for acts he committed against his niece, the trial court failed to properly consider the general grounds, including its authority to sit as a thirteenth juror, that defendant raised in his written motion for new trial and at the hearing on that motion, so the Court vacated and remanded the order denying defendant's motion for new trial.

  • Black et al. v. Nationstar Mortgage LLC. et al.

    Publication Date: 2018-01-25
    Practice Area: Civil Procedure | Contracts | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Martin Fierman (Attorney at Law), Madison, for appellant.
    for defendant: Steven Flynn, Kimberly Wright, Jennifer McCall, Jimmy Howell (McCalla Raymer Leibert Pierce LLC), Roswell, for appellee.
    Case Number: A17A1587

    The trial court properly granted summary judgment to mortgage companies on their complaint for declaratory judgment and equitable reformation, in which they sought to reverse a foreclosure, void the related deed under power and special warranty deed and reinstate the modified security deed to a first priority position.

  • MacMaster v. The State

    Publication Date: 2018-01-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Rafe Banks (Banks, Stubbs & McFarland, LLP), Cumming, for appellant.
    for defendant: William Finch (Solicitor General of Forsyth County), Cumming; Caroline Yi (Forsyth County Solicitor's Office), Cumming, for appellee.
    Case Number: A17A2083

    The trial court properly denied DUI defendant's motion in limine to exclude the admission of the results of the State-administered breath test, any evidence of her consent to the State-administered breath test and her refusal to take the Alco-Sensor test.

  • Jubilee Development Partners, LLC et al. v. Strategic Jubilee Holdings, LLC et al.

    Publication Date: 2018-01-23
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: David Conley, Jeffrey Daxe (Moore Ingram Johnson & Steele LLP), Marietta, for appellant.
    for defendant: Simon Bloom, Ryan Pumpian, John Phillips (Bloom Sugarman LLP), Atlanta, for appellee.
    Case Number: A17A2137

    The trial court properly denied appellants' motion to strike, or in the alternative, motion to dismiss the complaint filed against them for violation of Georgia's statute regarding strategic lawsuits against public participation because the claims against appellants were not based on an act in furtherance of the rights of free speech or petition and the anti-SLAPP statute thus did not apply.

  • Natasha Blakemore As Mother Of Natroya Hulbert v. Dirt Movers, Inc. et al.

    Publication Date: 2018-01-22
    Practice Area: Civil Procedure | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Scott Stevens (Greene & Cooper, LLP), Roswell, for appellant.
    for defendant: Brent Estes, Grant Smith (Dennis, Corry, Porter & Smith, LLP), Atlanta, for appellee.
    Case Number: A17A1540

    The plain language of O.C.G.A. § 14-2-510 (b) (4) limits a defendant corporations right of removal to cases in which venue is based only upon that specific paragraph; accordingly, the trial court erred in allowing a domestic motor carrier corporation to remove a wrongful death action against it to the county where its principal place of business was located, because venue against defendant was also proper in the county where the tort occurred under O.C.G.A. § 40-1-117 (b), the Georgia Motor Carrier Act.

  • Great Water Lanier, LLC v. Summer Crest At Four Seasons On Lanier Homeowners Association, Inc.

    Publication Date: 2018-01-19
    Practice Area: Contracts | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Tom Pye (Attorney at Law), Norcross, for appellant.
    for defendant: Jason LoMonaco (Nowack Howard, LLC), Atlanta, for appellee.
    Case Number: A17A1810

    Homeowners Association was entitled to summary judgment in landowner's action seeking a declaratory judgment that its land was not burdened by the declaration of covenants applicable to the subdivision, because landowner accepted a deed that unambiguously conveyed the land subject to the declaration of covenants, and, by doing so, voluntarily consented to be bound by such covenants.

  • Daniels v. The State

    Publication Date: 2018-01-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Christopher Daniels (Coffee Correctional Facility), Nicholls, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.
    Case Number: A17A2099

    The sentences the trial court imposed following defendant's negotiated guilty plea to 10 counts of statutory rape and seven counts of child molestation were illegal and void because they did not include split sentences and imposed probation-only sentences for two of the statutory rape offenses; accordingly, the Court vacated and remanded for resentencing.

  • Bishop v. Goins et al.

    Publication Date: 2018-01-18
    Practice Area: Attorney Rates and Arrangements | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: William Turner (Turner & Lawrence, P.C.), Jackson, for appellant.
    for defendant: Hays McQueen (Jones Cork & Miller LLP), Macon, for appellee.
    Case Number: A17A2058

    The trial court was authorized to award plaintiffs attorney fees after they successfully petitioned the superior court for stalking protective orders against defendants and defendants unsuccessfully appealed, as O.C.G.A. § 16-5-94 (d) (3) authorizes such awards in connection with appellate proceedings.

  • Hall v. The State

    Publication Date: 2018-01-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Timothy Lam (Attorney at Law), Monticello, for appellant.
    for defendant: Stephen Bradley (District Attorney, Ocmulgee Judicial Circuit), Milledgeville; Allison Mauldin (Assistant District Attorney), Greensboro, for appellee.
    Case Number: A17A2009

    The trial court did not err in denying defendant's motion to withdraw his guilty plea to child molestation and aggravated stalking because the chief jailer's comments to the defendant before his scheduled trial did not compel a finding of duress.

  • Harris v. The State

    Publication Date: 2018-01-17
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: John Overocker (Office of the Public Defender Coweta Judicial Circuit), Carrollton, for appellant.
    for defendant: Anne Allen (Assistant District Attorney Coweta Judicial Circuit), Carrollton; Peter Skandalakis (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.
    Case Number: A17A1941

    The record supported the trial court's finding that the prosecutors failure to redact a video recording of defendant's interview with an investigator, which led to a mistrial, was not made purposefully to subvert double jeopardy protections and the trial court, therefore, did not err in denying defendant's plea in bar/motion in autrefois convict in which he contended that the double jeopardy clause barred his further prosecution for child molestation.