• Cook v. NC Two LP

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thomas H. Rogers Jr. and Patrick H. Garrard Blasingame, Burch, Garrard & Ashley, Athens, for appellant.
    for defendant: Beth E. Rogers Rogers Law Offices, Norcross, and Wesley B. Snipes Athens First Bank & Trust, Athens, for appellee.

    Case Number: A10A0661

    The creditor's notice of a shment action was effective, because it substantially complied with the statutory requirements that notice be sent not more than three days after service of summons o

  • Ferguson v. Premier Homes Inc.

    Publication Date: 2010-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Hillman J. Toombs Hillman J. Toombs & Assocs., Riverdale, for appellant.
    for defendant: Harvey G. Berss Law Offices of Philip M. Williams, Atlanta, for appellee.

    Case Number: A10A0521

    The trial court did not err in granting summary judgment to a homebuilder on grounds that it lacked actual or constructive knowledge of the alleged d

  • Williams v. State

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert R. Williams IV, Macon, proceeded pro se. Nina M. Baker, Solicitor General, and Julian A. Mack Solicitor General's Office, LaGrange, for appellee.
    for defendant:

    Case Number: A10A0048

    The defe was operating a combination commercial motor vehicle with a weight rating of 26.5K pounds, which required a class A license, and no class A license had been issued to defe

  • State v. Billings

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: William K. Wynne Jr., District Attorney, Covington, and Candace K. Slezak, Assistant District Attorney, Monroe, for appellant.
    for defendant: Donna L. Clement Public Defender's Office, Monroe, for appellee.

    Case Number: A10A0591

    A Miranda warning was not required prior to defendant's arrest, because the officer's questioning did not occur in a custodial situ

  • Schaffer v. Fox

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Patrick W. McKee Patrick W. McKee & Assocs., Newnan, for appellant.
    for defendant: . Michael E. Sumner and Amanda L. Caldwell Sumner Meeker LLC, Newnan, for appellees.

    Case Number: A09A1922

    The evidence, which showed that the daughter dominated, belittled and manipulated the mother, was sufficient to support a jury finding that the deeds were invalid, because they were executed as a re

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  • State v. Kelley

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Fredric D. Bright, District Attorney, Milledgeville, and Melanie M. Bell, Assistant District Attorney, Covington, for appellant.
    for defendant: Frank H. Childs Jr., William H. Noland Groover & Childs, Macon, Charles A. Mathis Jr. The Mathis Law Firm, Atlanta, and W. Dan Roberts, Monticello, for appellee.

    Case Number: A09A2402

    The trial court did not err in granting the defendant's motion to suppress, because the judge, who signed the search warrant, lacked authority to act in the case-the order appointing the judge was in

  • In the Interest of T.C.

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John R. Wiggins, Ringgold, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, Jennifer E. Hildebrand, LaFayette, Steven M. Ellis, Chickamauga, and Justin G. Woodward, Chattanooga, Tenn., for appellee.

    Case Number: A09A2243

    An order extending DFACS' temporary custody of the children, which the juvenile court entered three days after DFACS filed the termination petition, did not preclude a subsequent finding that clear

  • Harman v. McAfee

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Charles S. Conerly, Joseph N. Smith and Randall C. Parian Smith Diment Conerly LLP, Carrollton, for appellant.
    for defendant: Kevin R. Armbruster, Jason C. Grech and Kirk M. McAlpin Jr. Cushing, Morris, Armbruster & Montgomery LL, Atlanta, for appellee.

    Case Number: A09A2315

    The plaintiff only had to show that she had a viable, colorable claim with regard to the defendant's promissory note guaranty to be entitled to an exception from discharge in the defendant's bankrup

  • Sassafras Mountain Estates Property Owners Ass'n Inc. v. Gould

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mary E. Priest Downey & Cleveland LLP, Marietta, for appellant.
    for defendant: Michael A. Echols Neville & Cunat LLP, Cumming, for Gould. David E. Ralston, Blue Ridge, and Sammy J. Hawkins, Jasper, for Hawkins. Other party representation: Herman Clark Clark & Clark, Ellijay.

    Case Number: A09A2201, A09A2228

    The trial court erred in ng attorneys' fees to the appellants because the order gave no basis for the and failed to include specific findings of fact to support the

  • Dennis v. Dennis

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: George M. Hubbard III and Elizabeth A. Moser, Savannah, for appellant.
    for defendant: Tracy A. O'Connell Ellis, Painter, Ratterree & Bart LLP, Savannah, for appellee.

    Case Number: A10A0500

    The father had the right under O.C.G.A. § 5-6-34 as amended to directly appeal the dismissal of his contempt m