• Home Depot USA Inc. v. Wabash Nat'l Corp.

    Publication Date: 2012-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John W. Mitchell, William J. Holley II Parker, Hudson, Rainer & Dobbs LLP, Tracy C. Braintwain and Dwight J. Davis King & Spalding, for appellant.
    for defendant: Scott L. Bonder Fried & Bonder LLC, Atlanta, Wayne C. Turner and Michael R. Limrick Bingham McHale LLP, Indianapolis, Ind., for appellee.

    Case Number: A11A1806

    The trial court properly granted summary judgment to the defendant on the plaintiff's fraud and misrepresentation claims regarding the coupling assemblies of certain flatbed trailers, as the plainti

  • Wright v. State

    Publication Date: 2012-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Charles M. Evans, Morrow, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Michael D. Thurston District Attorney's Office, Jonesboro, for appellee.

    Case Number: A11A1621

    The trial court did not clearly err in admitting similar transaction evidence, as the difference in the victims' ages and the fact that the victim in this case successfully thwarted the defendant be

  • Shotwell v. Filip

    Publication Date: 2012-02-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Adrian L. Patrick, Snellville, for appellant.
    for defendant: . Eric D. Dell and Curtis J. Dickinson Dickinson & Assocs., Woodstock, for appellee.

    Case Number: A11A1728; A11A1729

    Evidence supported the trial court's findings that a material change of condition affecting the welfare of the child occurred and a change in custody was in the child's best int

  • Tindell v. State

    Publication Date: 2012-02-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Herman M. Kilgore, Marietta, for appellant.
    for defendant: Garry T. Moss, District Attorney, Cliff Head, Assistant District Attorney, and Lara A. Snow District Attorney's Office, Canton, for appellee.

    Case Number: A10A0945

    Based on the ruling in Hedden v. State, 288 Ga. 871 2011, the trial court erred in failing to exercise its discretion to determine whether the defendant was entitled to a downward departure from the

  • Gautreaux v. State

    Publication Date: 2012-02-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jamie T. Roberts, LaGrange, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Lee F. Tittsworth District Attorney's Office, LaGrange, for appellee.

    Case Number: A11A2319

    The state established venue through the company president's testimony that the office was located in the county of prosecution, and that the defendant bookkeeper worked and wrote 13 checks there dur

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  • Jones v. State

    Publication Date: 2012-02-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Philip P. Pilgrim Jr. Law Office of Epps, Pilgrim, Olson & Pruitt, Cumming, for appellant.
    for defendant: Lee Darragh, District Attorney, Gainesville, and Conley J. Greer, Assistant District Attorney, Dawsonville, for appellee.

    Case Number: A11A2425

    The trial court did not err in denying the defendant's motion to suppress because, under the totality of the circumstances, the stop of his vehicle was based on a founded suspicion of criminal act

  • Raines v. State

    Publication Date: 2012-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Timothy L. Eidson, Public Defender, and Rashawn D. Clark Public Defender's Office, Cordele, for appellant.
    for defendant: Denise D. Fachini, District Attorney, and Henry O. Jones III, Assistant District Attorney, Cordele, for appellee.

    Case Number: A11A1664

    Evidence that the defendant showed the co-defendant a bag of money, which he claimed contained $14,500, and retrieved drugs from the trunk of the co-defendant's vehicle, supported his conviction for

  • Greenwald v. Odom

    Publication Date: 2012-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jerry L. Sims Sims Moss Kline & Davis LLP, Atlanta, for appellant.
    for defendant: John G. Despriet, James Connelly, and Mark A. Rogers Womble Carlyle Sandridge & Rice PLLC, Atlanta, for appellees.

    Case Number: A11A1553

    The trial court erred in concluding that the plaintiff could not have justifiably relied on alleged oral misrepresentations regarding the company's revenue forecast and the future sale of a div

  • Salazar v. State

    Publication Date: 2012-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Adam S. Levin, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, and Shiv Sachdeva District Attorney's Office, Gainesville, for appellee.

    Case Number: A11A2118

    The prejudicial evidence of the victim's 10-year-old conviction for simple battery against the defendant outweighed the possible value of admitting that evidence to show that the victim was biased

  • Westmoreland v. JW LLC

    Publication Date: 2012-01-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Janney E. Sanders Sanders & Ranck PC, Toccoa, for appellant.
    for defendant: . Timothy S. Walls and Zachary R. Poole Mills & Hoopes LLC, Lawrenceville, for appellee.

    Case Number: A11A1657

    The evidence authorized the trial court to find that the parties never mutually departed from the terms of the lease to relieve the defendant tenants from paying common area maintenance charges or t