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  • Brinkley v. State

    Publication Date: 2013-03-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen Reba Barton Child Law & Policy Center, Atlanta, for appellant.
    for defendant: Clifford Bowden, District Attorney, Tifton, for appellee. Amicus Curiae: Sandra Michaels, Atlanta.
    Case Number: A12A2322

    The trial court did not violate the defendant's constitutional right to due process in failing to sua sponte assess the defendant's competency, since no evidence raised a reasonable doubt as to whet

  • Piper v State

    Publication Date: 2013-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Rafe Banks Banks & Stubbs LLP, Cumming, for appellant.
    for defendant: Lee Darragh, District Attorney, Gainesville, and Randall Schonder District Attorney's Office, Dawsonville, for appellee.
    Case Number: A12A2276

    The defendant failed to prove that the State resumed prosecution of his case out of vindictiv

  • Eaddy v. Precision Franchising LLC

    Publication Date: 2013-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thomas Sampson, Atlanta, for appellant.
    for defendant: G. Melton Mobley Lokey, Mobley & Doyle LLP, and Dawn Pettigrew, Atlanta, for appellees. Other party representation: Philippa Ellis and Melissa Reading Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta.
    Case Number: A12A2545

    The trial court properly awarded attorneys' fees to the defendant after the plaintiff rejected the pre-trial settlement offer in her tort a

  • Aguilar v. Children's Healthcare of Atlanta Inc.

    Publication Date: 2013-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jimmy Hwang, Atlanta, for appellant.
    for defendant: . Robert Monyak Peters & Monyak LLP, and Randolph Powell Huff, Powell & Bailey LLC, Atlanta, for appellees.
    Case Number: A12A1790

    The doctor who submitted the e affidavit with the plaintiff's medical malpractice complaint was not a qualified e

  • Bankston v. Warbington

    Publication Date: 2013-02-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert Moss Moss & Rothenberg, Atlanta, for appellant.
    for defendant: Timothy Warbington, Lawrenceville, proceeded pro se. Other party representation: Jennifer Patterson Miles Patterson Hansford Tallant, LLC, Cumming.
    Case Number: A12A2498

    The trial court properly awarded attorneys' fees to the defendant since it found that the plaintiff used a contempt motion for purposes of haras

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • National Hills Exch. LLC v. Thompson

    Publication Date: 2013-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David Hudson Hull Barrett PC, Augusta, for appellant.
    for defendant: . Kenneth Nimmons Nimmons & Malchow, Augusta, for appellees.
    Case Number: A12A2259

    The trial court properly issued a TRO ordering that a back entrance to a shopping center be opened instanter, as the plain meaning of a 2004 easement was clear and unambiguous and gave the plaintiff

  • Bacon Cnty. Hosp. & Health Sys. v. Whitley

    Publication Date: 2013-01-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Norman Lovein and Steven Bristol Hall Booth Smith & Slover PC, Brunswick, for appellant.
    for defendant: . Jack Helms The Helms Law Firm PC, Homerville, and Janna Blasingame The Wilner Firm PA, Jacksonville, Fla., for appellee.
    Case Number: A12A1885

    The trial court abused its discretion in concluding that the medical malpractice plaintiff's expert chiropractor was qualified to testify about the standard of care of the defendant physical thera

  • DeKalb Cnty. v. Bailey; Thompson v. Bailey

    Publication Date: 2012-11-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A1419; A12A1420

    The defendant county was entitled to summary judgment on the plaintiffs' 42 USC § 1983 claim arising from the shooting death of the victim during an encounter with a county police officer, as the e

  • Meek v. Mallory & Evans Inc.

    Publication Date: 2012-11-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Guy Spicer Spicer Law LLC, Jefferson, for appellant.
    for defendant: Lauren Giles and Dana Miles Miles Patterson Hansford Tallant LLC, Cumming, for appellee.
    Case Number: A12A1290

    The trial court erred in awarding landlord attorneys' fees under OCGA § 13-6-11 because the statute's language prevents a trial court from ever determining that a claimant is entitled to attorneys'

  • Whitfield v. Brown

    Publication Date: 2012-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Orlando Ojeda Ojeda Legal LLC, Atlanta, for appellant.
    for defendant: Jack Hancock and Coleen Hosack Freeman Mathis & Gary LLP, Forest Park, for appellees.
    Case Number: A12A1172

    A library assistant did not have a ministerial duty to clean the county library bathroom where the plaintiff slipped, as she had no duty to maintain the public restrooms, and there was no fixed poli