• Wilkey v. State

    Publication Date: 2010-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Christopher G. Paul Public Defender's Office, Calhoun, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Cartersville, and Elizabeth M. York, Assistant District Attorney, Calhoun, for appellee.

    Case Number: A10A1297

    The evidence was sufficient to show that the defendant aided and abetted in the commission of the crime of selling co

  • Kitchens v. Harris

    Publication Date: 2010-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Denise W. Spitalnick Hall, Booth, Smith & Slover PC, Atlanta, for appellant.
    for defendant: . Ronald L. Hilley Hilley & Frieder, Atlanta, and Samuel E. Earley Jr., Winder, for appellees.

    Case Number: A10A1478

    The defending parents were entitled to summary judgment as to the plaintiffs' claims of negligent supervision, since the evidence showed that they had told their daughter that she could only use the

  • Meder v. State

    Publication Date: 2010-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Brian K. Fortner, Solicitor General, and Katherine L. Iannuzzi, Assistant Solicitor General, Douglasville, for appellee.

    Case Number: A10A0986

    The 30-month delay following the defendant's arrest did not violate her right to a speedy trial under the circumst

  • Simprop Acquisition Co. v. The L. Simpson Charitable Remainder Unitrust

    Publication Date: 2010-08-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kirk M. McAlpin Jr. Cushing, Morris, Armbruster & Montgomery LLP, Atlanta, for appellant.
    for defendant: Frederick L. Wright II Vaughn, Wright & Boyer LLP, Atlanta, and James A. Vaughn Vaughn, Wright & Boyer LLP, Forsyth, for appellees.

    Case Number: A10A1396

    An issue of fact remained as to whether the plaintiffs' failure to purchase a sewer plant as a condition of the parties' option contract involving a series of land purchases in four Georgia counties

  • The River Farm LLC v. Suntrust Bank

    Publication Date: 2010-08-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Brent W. Herrin Cohen Pollock Merlin & Small PC and Gus H. Small Jr., Atlanta, for appellant.
    for defendant: . Matthew T. Covell Arnal Golden Gregory LLP, Atlanta, for appellee.

    Case Number: A10A1500

    The debtor's inability to pay its $1.4M note did not constitute special circumstances under the confirmation statute, O.C.G.A. § 44-1

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  • Lee v.State

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stuart H. Patray and Robert L. Persse, Public Defenders, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Statesboro, and Brian A. Deal, Assistant District Attorney, Springfield, for appellee.

    Case Number: A10A1419

    Double jeopardy does not bar retrial for convictions reversed for lack of proving

  • Moon v. CSA Credit Solutions of Am. Inc.

    Publication Date: 2010-07-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James W. Hurt Jr. Lewis, Stolz, Hurt, Frierson & Grayson LLP, Athens, for appellant.
    for defendant: . E. Davison Burch, Thomas F. Hollingsworth III Blasingame, Burch, Garrard & Ashley, Athens, Kenneth M. Kliebard and Todd L. McLawhorn Howrey LLP, Chicago, Ill., for appellee.

    Case Number: A10A0597

    The trial court erred in ruling that the forum selection and choice of law provisions in the parties' agreement for debt adjustment services were valid and required that the plaintiffs' suit be bro

  • Balboa Life & Casualty LLC v. Home Builders Finance Inc.

    Publication Date: 2010-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Denise W. Spitalnick and James H. Fisher II Hall, Booth, Smith & Slover PC, Atlanta, for appellant.
    for defendant: . John P. Webb, Stockbridge, for appellee.

    Case Number: A10A0387

    The record belied the mortgagee's contention that it had provided the information necessary for the insurers to conclude that the mortgagee had a right to claim the entire $103K of insurance procee

  • Estate of Shannon v. Ahmed

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Terrence A. Shannon, Porterdale, for appellant.
    for defendant: . Kirby G. Mason Hunter, Maclean, Exley & Dunn PC, Joseph P. Brennan, B. Nicole Smith Brennan & Wasden LLP, Christopher L. Ray Oliver Maner LLP, Savannah, and Michael G. Frick Hall, Booth, Smith & Slover PC, Brunswick, for appellees.

    Case Number: A10A0917

    The plaintiffs complaint adequately pled fraud, battery and wrongful death against doctors and others involved in the decedent's care, after the decedent twice aspirated, biting off a portion of his

  • Kyle v. Georgia Lottery Corp.

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Angelo T. Merolla Merolla & Gold LLP, Atlanta, for appellant.
    for defendant: . Mark S. VanderBroek Troutman Sanders, Atlanta, for appellee.

    Case Number: A10A1099

    The first defendant was immune to the plaintiffs' claims for trademark infringement, deceptive trade practices and breach of contract, arising from the first defendant's Money Bags lottery games, si