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  • Western Surety Co. v. APAC-Southeast, Inc.

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jefferson B. Slagle Thompson & Slagle PC, Duluth, Robert T. Monroe and Michael D. McRae McRae, Stegall & Peek, Cedartown, for appellant.
    for defendant: . Timothy N. Toler and Mark V. Hanrahan Toler & Hanrahan LLC, Atlanta, for appellee.
    Case Number: A09A2342

    An asphalt company's assignment of its subcontract amounted to a breach sufficient to abrogate any claim under the subcontract, because the agreement specifically stated that the subcontract could n

  • Fulton County v. Southern Hope Humane Society

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Vincent D. Hyman, County Attorney, and Robert D. Ware County Attorney's office, Atlanta, for appellant.
    for defendant: Nowell D. Berreth and Cindy S. Manning Alston & Bird LLP, Atlanta, for appellee.
    Case Number: A09A2399

    The trial court did not err in granting summary judgment to humane society on its counterclaim for breach of contract, because the county breached the contract by failing to pay the remaining amoun

  • In the Interest of J.N.

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Dennis G. Collard Kessler, Schwarz & Solomiany PC, Atlanta, for appellant.
    for defendant: John S. Husser, Rome, for appellee. Other party representation: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Kimberly P. Mullins, Dallas.
    Case Number: A09A1966

    The denial of the father's O.C.G.A. § 15-11-40 b modification petition, based on alleged changed circumstances, was directly appealable, because the denial itself was a final jud

  • Zeimaran v. Commercial Concepts Inc.

    Publication Date: 2010-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Roberts C. Milling II and Marla M. Eastwood Henry Spiegel & Milling LLP, Atlanta, for appellant.
    for defendant: Walter B. McClelland Mabry & McClelland LLP and Michael W. Lord Greenfield, Bost & Kliros PC, Atlanta, for appellees.
    Case Number: A09A1680

    A Salon owner's claim against architect failed, because owner could not show that architect's failure to include a railing around the storage area proximately caused her

  • State v. Encinas

    Publication Date: 2010-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Otis L. Scarbary, Solicitor, and Cynthia T. Adams, Chief Assistant Solicitor, Macon, for appellant.
    for defendant: George A. Stein, Jeremy E. Citron Law Offices of George A. Stein, Atlanta, and Brian T. Caron, Conyers, for appellee.
    Case Number: A09A2151

    The trial court did not err in finding that the officer lacked probable cause to arrest defendant for DUI, even though defendant refused testing, since his speech was normal, he was steady on his f

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  • Stubblefield v. State

    Publication Date: 2010-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Troy P. Hendrick, Decatur, for appellant.
    for defendant: Robert Stokely, Solicitor General, Stephen J. Tuggle, Natalie Ashman, Assistant Solicitors General, Amy B. Godfrey and Sandra N. Wisenbaker Solicitor General's Office, Newnan, for appellee.
    Case Number: A09A2225

    The trial court properly refused to suppress hospital chemical test results, which the state obtained through a search warrant, because the untimely return of the search warrant did not affect defe

  • Yeary v. State

    Publication Date: 2010-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Gregory A. Willis, Atlanta, for appellant.
    for defendant: Rosanna M. Szabo, Solicitor General, Joelle M. Nazaire and Richard C. Armond Solicitor General's Office, Lawrenceville, for appellee.
    Case Number: A09A1786

    The trial court did not err in denying the defendant's motion to produce the Intoxilyzer 5000's source code, because the defendant did not seek testimony from a witness and the controlling Uniform A

  • Grayrobinson v. Smith

    Publication Date: 2010-02-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Charles H. Brown and Laura H. Wheaton Brown Rountree PC, Statesboro, for appellant.
    for defendant: Susan W. Cox, Gerald M. Edenfield Edenfield, Cox, Bruce & Classens PC, Edenfield, Cox, Bruce & Classens, Lovett Bennett Jr., Statesboro, William J. Neville Jr. Callaway, Neville & Brinson, Claxton, Mathew J. M. Prebeg and Christopher M. Faucett Goldstein, Faucett & Prebeg LLP, Houston, Texas, for appellees.
    Case Number: A10A0213

    The trial court failed to make oral or written findings on the record showing that it considered all seven factors set forth in O.C.G.A. § 9-10-31.1 a, before it denied the defendants' motion to di

  • McGill v. State

    Publication Date: 2010-02-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jimmonique R. Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A0273

    The v s sister's testimony concerning the defendant's previous contact with the v was relevant to prior difficulties between the defendant and the v

  • Georgia Dept. of Revenue v. Roof

    Publication Date: 2010-02-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Warren R. Calvert, Senior Assistant Attorney General, and Francis C. Mulderig, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Robert B. Remar, Thomas J. Mew IV Rogers & Hardin LLP, William B. Carver, Robert J. Middleton Jr. Hall, Booth, Smith & Slover PC, Seth D. Kirschenbaum Davis Zipperman Kirschenbaum & Lotito, Christopher S. Anulewicz Balch & Bingham LLP,Thomas M. Byrne Sutherland, Asbill & Brennan, Cristine L. Patterson, Atlanta, Robert J. Proctor Proctor Hutchins Porterfield, Alpharetta, and David M. Baxter, Macon, for appellees. Other party representation: W. Scott Wright Sutherland, Asbill & Brennan, Atlanta, Roland F. Hall Autry Horton & Cole LLP, Tucker, and Christopher M. Porterfield Proctor Hutchins Porterfield, Alpharetta.
    Case Number: A10A0158

    Sovereign immunity barred the plaintiffs' action, because the suit was a tax refund action on behalf of other taxpayers alleged to be similarly situated and the General Assembly has refused to exten