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Publication Date: 2012-09-28
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Colette Steel and Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
for defendant: Robert James, District Attorney, and Deborah Venuto, Assistant District Attorney, Decatur, for appellee.
Case Number: A12A1627
The trial court erred in considering only the 19-month delay between the defendant's indictment e denial of his plea in bar for a speedy trial rather than the 55-month delay between his arrest
Publication Date: 2012-09-28
Practice Area:
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Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: David Crawford Eason, Kennedy & Crawford, Atlanta, and Clarence Taylor, Marietta, for appellant.
for defendant: . Scott C. Commander and Lori E. Jolly Commander Pound LLP, Atlanta, for appellees.
Case Number: A12A1138
The plaintiffs' medical malpractice claim was time-barred because they filed it more than five years after the alleged negligence occurred, and their amended complaint could not relate back under O
Publication Date: 2012-09-07
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Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Sharon Hopkins, Duluth, for appellant.
for defendant: Garry Moss, District Attorney, Cliff Head, Assistant District Attorney, and Lara Snow District Attorney's Office, Canton, for appellee.
Case Number: A12A1058
A search warrant providing probable cause to search the house, any other buildings, and vehicles located at a specific street address identified with sufficient particularity the recreational vehicl
Publication Date: 2012-08-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Alan Begner Begner & Begner PC and Mark Spix, Atlanta, for appellant.
for defendant: Samuel Altman, District Attorney, Swainsboro, and Michael Lambros The Lambros Firm LLC, Atlanta, for appellee. Other party representation: Robert McLendon, Blakely, and Robert Howell, Moultrie.
Case Number: A12A0692
A contingency fee agreement for two special assistant district attorneys violated public p
Publication Date: 2012-07-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Kaye Burwell and Y. Soo Jo County Attorney's Office, Atlanta, for appellant.
for defendant: Allan Parks Parks, Chesin, & Walbert PC, Atlanta, for appellees.
Case Number: A12A0529; A12A0530
The whistle-blower statute limits protection for a c employee complaining about fraud, waste and abuse to a complaint related to a state-funded program or operation under the jurisdiction of th
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Publication Date: 2012-07-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Jay Lukowski Kaplan & Lukowski LLP, Atlanta, for appellant.
for defendant: . Shaun Daugherty Hall, Booth, Smith & Slover PC, Daniel Huff and Leslie Cline Huff, Powell & Bailey LLC, Atlanta, for appellee.
Case Number: A12A0359
Summary judgment reversed because evidence that the doctor was on call and responsible for the patient's care showed physician-patient privity necessary to support medical malpractice a
Publication Date: 2012-07-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Raymond Humphrey, Ronald Freeman, Christopher Portis Johnson & Freeman LLC, Unions City, and Ephraim Spielman Hartman, Simons, Spielman & Wood LLP, for appellant.
for defendant: Cory Menees, Frank Riggs, Jeffrey Nix and Jason McLarry Troutman Sanders LLP, Atlanta, for appellee.
Case Number: A12A0639
The evidence did not support the jury's finding that the plaintiff was entitled to foreclose on a lien on the defendant's property for $1.75M because the verdict included items that were not lie
Publication Date: 2012-07-13
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Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Samuel S. Olens, Attorney General, and Claude M. Sitton, Assistant Attorney General, Atlanta, for appellant.
for defendant: Roberts C. Milling II and Marla M. Eastwood Henry Spiegel Milling LLP, Atlanta, for appellees.
Case Number: A12A0785
The Georgia Tort Claims Act's exception to waiver of immunity set forth in O.C.G.A. § 50-21-24 10 established the DOT's immunity from any claim based on a contention that it negligently failed to m
Publication Date: 2012-07-13
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: John Emmett and J. Robin Rogers, Trenton, for appellant.
for defendant: Joseph Willard, Rossville, for appellee.John Emmett and J. Robin Rogers, Trenton, for appellant. Joseph Willard, Rossville, for appellee.
Case Number: A12A0772
The evidence did not support the award of quantum meruit damages against the plaintiff's ex-husband in a case involving the plaintiff's father-in-law's promise to deed real pro
Publication Date: 2012-07-13
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: John Steel Steel & Moss LLP, Atlanta, and Stephen Ozcomert, Decatur, for appellant.
for defendant: Edward McAfee and Rachel Krause Lewis, Brisbois, Bisgaard & Smith LLP, Atlanta, for appellee.
Case Number: A12A0329
Reasonable minds could differ as to whether the defendant was negligent, and whether his negligence was the proximate cause of the accident at
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