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  • Kohler v. Van Peteghem

    Publication Date: 2014-12-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael Jacobs Jacobs Legal LLC, Atlanta, for appellant.
    for defendant: . Martin Levinson, William Major Hawkins Parnell Thackston & Young LLP, Theodore Welch, and Jason Graham Graham & Penman LLP, Atlanta, for appellees.
    Case Number: A14A1088

    The trial court erred in directing a verdict in favor of the defendants on their battery counterclaim, which arose when the plaintiff-husband allegedly spat on the defendant-wife during a heated nei

  • Jones v. State

    Publication Date: 2014-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: William Mason, Columbus, for appellant.
    for defendant: Julia Slater, District Attorney, William Kelly, Assistant District Attorney, and Katelyn Hartford District Attorney's Office, Columbus, for appellee.
    Case Number: A14A0755

    The trial court properly admitted similar transaction evidence, despite the fact that the State did not provide 10 days notice of its intent to present such evidence, since the defendant's bench tr

  • Jones v. State

    Publication Date: 2014-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Brandon Lewis, Norcross, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Brian Patterson, Chief Assistant District Attorney, Athens, for appellee.
    Case Number: A14A1271

    Although the victim did not sustain any facial fractures or physical damage to her eyeballs, the evidence was sufficient for the jury to find that her disfigurement was serious, thus supporting the

  • Gwinnett Cnty. v. Old Peachtree Partners LLC

    Publication Date: 2014-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael Ludwiczak, Senior Assistant County Attorney, and Michael Stephens Gwinnett Cnty. Dep't of Law, Lawrenceville, for appellant.
    for defendant: Michael Bowers, Malissa Kaufold-Wiggins Balch & Bingham LLP, Atlanta, and Anthony Powell Webb, Tanner, Powell, Mertz & Wilson LLP, Lawrenceville, for appellee.
    Case Number: A14A1173

    Prejudgment interest on the purchase price of certain real property began to run on the date by which the closing should have occ

  • Fein v. Chenault

    Publication Date: 2014-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Christopher Anulewicz, Michael Bowers Balch & Bingham LLP, Thomas Carlock Carlock, Copeland & Stair LLP, Clinton Fletcher, and George Neuhauser Nall & Miller LLP, Atlanta, for appellant.
    for defendant: . Ronald Mabra The Mabra Firm LLC, Rebecca Franklin Franklin Law LLC, and Darren Penn Harris, Penn & Lowry LLP, Atlanta, for appellees.
    Case Number: A14A0925

    The Court of Appeals lacked jurisdiction to consider a direct appeal filed by an out-of-state attorney regarding the trial court's restriction of his advocacy based on a finding that he violated the

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  • Chisholm v. Georgia Dep't of Labor

    Publication Date: 2014-10-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael Pryor, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Bryan Webb, Senior Assistant Attorney General, Kimberly Lewis, Assistant Attorney General, and Romy Smith Attorney General's Office, Atlanta, for appellees.
    Case Number: A14A0777

    The unemployment benefits claimant could not have reasonably expected that she would be terminated for failing to strictly comply with her employer's arrest disclosure p

  • State v. Cartwright

    Publication Date: 2014-10-14
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Barry Morgan, Solicitor General, Dana Norman, Assistant Solicitor General, and Tad Keller Solicitor General's Office, Marietta, for appellant.
    for defendant: Justin Spizman The Hawkins Law Firm, Atlanta, for appellee.
    Case Number: A14A1392

    The officer's good faith belief that the defendant had committed an offense, even if incorrect, provided the necessary articulable suspicion to authorize the traffic

  • Tremblay v. State

    Publication Date: 2014-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Sharon Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Wesley Ross District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A14A1175

    The jury was authorized to find that the State disproved the defendant's self-defense claim, since all the testimony pointed to the defendant as the initial aggressor who attacked the unarmed v

  • Sanchez v. Atlanta Union Mission Corp.

    Publication Date: 2014-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Daryl Yokely, Atlanta, for appellant.
    for defendant: Jon Stewart Mabry & McClelland LLP, Atlanta, for appellee.
    Case Number: A14A0818

    The defendant could not rely on copies of an agreement included in the record to prove the terms of an alleged exculpatory clause, as the pertinent paragraphs were too blurry to read in their ent

  • Hall v. Massally

    Publication Date: 2014-10-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Cherri Shelton Shelton Law Practice LLC, Tucker, for appellant.
    for defendant: . Andrea Dobur Worsham, Corsi, Scott & Edwards, Atlanta, for appellee.
    Case Number: A14A1150

    The plaintiffs' failure to respond to the defendant's motion for summary judgment did not automatically entitle the defendant to judgment, since there is no such thing as a "default summary judg