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  • Dunbar v. Ertter

    Publication Date: 2011-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Bruce W. Phillips, Marietta, for appellant. Hylton B. Dupree Jr. Dupree & Kimbrough LLP, Marietta, Ronne G. Kaplan and Jean M. Kutner, Atlanta, for appellees. Other party representation: Susan A. Hurst Bogart & Bogart PC, Atlanta.
    for defendant:
    Case Number: A11A0933

    The juvenile court's long-term cu order prevented the superior court from exercising jurisdiction over a subsequent petition for permanent cu

  • Buford v. State

    Publication Date: 2011-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jeffrey S. Banks Banks & Riedel PC, Eastman, for appellant. David L. Cannon Jr., Solicitor General, Canton, for appellee.
    for defendant:
    Case Number: A11A1518

    The trial court did not err in finding that the implied consent notice was adequate under OCGA § 40-5-67.1 b, where the semi-conscious defendant was secured to a board in a hospital room with tubes

  • News Place Developers LLC v. Reese

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Nathan T. Lee and Clifton M. Sandlin Glover & Davis PA, Newnan, for appellant. Donald E. Dyches Jr., Savannah, for appellee.
    for defendant:
    Case Number: A11A1584

    The trial court did not err in finding that the plaintiff's rescission of his contract to pu a condominium unit was effective, as the defendant failed to comply with all of the terms of the p

  • Gospel Tabernacle Deliverance Church Inc. v. From the Heart Church Ministries Inc.

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Emory A. Schwall and Robert S. Wayne, Atlanta, for appellants. Stephen D. Apolinsky and Patrick J. Stubbs Apolinsky & Assocs. LLC, Decatur, for appellees.
    for defendant:
    Case Number: A11A1122

    The evidence did not support the verdict for the plaintiffs in their negligent misrepresentation action arising from the purchase of certain property, as the plaintiffs plainly and indisputably fail

  • In re Estate of Tapley

    Publication Date: 2011-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Roger L. Curry, Marietta, for appellant. Charles D. Mecklin Jr. Tisinger Vance PC, Carrollton, for appellee.
    for defendant:
    Case Number: A11A1516

    The trial court erred in awarding compensatory damages for conversion, fraud and other wrongs when the record did not provide a basis for the a

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  • Stalling v. State of Georgia

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John P. Fox Adams, Hemingway & Wilson LLP, and F. Bradford Wilson Jr., Macon, for appellants. Samuel S. Olens, Attorney General, and DeBrae' C. Kennedy, Assistant Attorney General, Atlanta, for appellees.
    for defendant:
    Case Number: A11A1332

    Subsequent General Assemblies were not required to fund the teacher pay raises set forth in O.C.G.A. § 20-2-212.2 because such an obligation would constitute an illegal pledge of c

  • Nowell v. State

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thomas J. Killeen Public Defender's Office, Athens, for appellant. Kenneth W. Mauldin, District Attorney, and David T. Lock District Attorney's Office, Athens, for appellee.
    for defendant:
    Case Number: A11A1101

    Although officers told the d nt during his custodial interrogation that they would advise the prosecution of his cooperation, this did not constitute a hope of benefit sufficient to render the

  • Williams v. Cobb County Farm Bureau Inc.

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: George H. Connell Jr. Dennis, Corry, Porter & Smith, Atlanta, for appellant. Duke R. Groover, Marty K. Senn James, Bates, Pope & Spivey LLP, Macon, Joseph C. Parker and Kelley E. Webb Downey & Cleveland LLP, Marietta, for appellees.
    for defendant:
    Case Number: A11A0904

    To support a claim of age discrimination, a plaintiff must show that, but for his age, he would not have been fired, and the plaintiff's former employers testified that their sole consideration for

  • Boatner v. State

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Clarence R. Patton, Rome, for appellant. Leigh E. Patterson, District Attorney, and John A. Tully District Attorney's Office, Rome, for appellee.
    for defendant:
    Case Number: A11A0851

    The evidence did not support a finding that the defendant probationer possessed the rifle found leaning against the front porch of his trailer, as something more than mere spatial proximity must lin

  • Dennis Perry Homes Inc. v. Companion Property & Cas. Ins. Co.

    Publication Date: 2011-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Leland M. Malchow Nimmons & Malchow, Augusta, for appellant. James W. Hays and Alexander Yusupov Hays & Potter PC, Atlanta, for appellee.
    for defendant:
    Case Number: A11A1033

    In granting summary judgment to the plaintiff insurance company on its claim for premiums due under a workers' compensation policy, the trial court did not err in ruling that no factual issue existe