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  • Price v. Reish

    Publication Date: 2016-03-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Lisa West The West Firm, Atlanta, for appellant.
    for defendant: Alyson Lembeck Ellis Funk PC, Atlanta, for appellee.
    Case Number: A15A1800

    The trial court erred in failing to comply with the procedural framework for addressing recusal motions set forth in Uniform Superior Court Rule 25.3, instead looking beyond the motion to find that

  • Norman v. Yeager

    Publication Date: 2016-02-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Allen Bodiford and Lauren Taylor, Stockbridge, for appellant.
    for defendant: . Nathan Lee Glover Davis PA, Newnan, for appellee.
    Case Number: A15A1990

    The trial court erred in dismissing a complaint seeking the return of personal property the Sheriff of Coweta County seized during a criminal investigation, because the criminal prosecution had con

  • Robles v. Yugueros

    Publication Date: 2016-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Brent Kaplan Isenberg Hewitt PC, Atlanta, for appellant.
    for defendant: . Michael Bailey, Erica Jansen Huff, Powell Bailey LLC, Thomas Carlock, Wayne McGrew Carlock, Copeland Stair LLP, and Neil Edwards, Atlanta, for appellees.
    Case Number: A15A1566

    The trial court reversibly erred in excluding certain deposition testimony the medical malpractice plaintiff sought to admit as an admission against interest, because he was entitled under O.C.G.A.

  • Frost v. State

    Publication Date: 2016-01-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: George Creal, Forest Park, for appellant.
    for defendant: Barry Morgan, Solicitor General, Melissa Tatum, Cara Convery, Assistant Solicitors General, and Emily Keener Solicitor General's Office, Marietta, for appellee.
    Case Number: A14A0730

    Evidence that the defendant had driven under the influence of alcohol on two prior occasions was relevant to prove knowledge in his trial for DUI-less

  • Ward v. Smith

    Publication Date: 2016-01-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Garnett Harrison and Jacqueline Fortier Garnett Harrison PC, Kingsland, for appellant.
    for defendant: Miles Hendrix, Kingsland, and Frances Dyal, Brunswick, for appellee.
    Case Number: A15A1098

    The Court affirmed the trial court's temporary order that, among other things, domesticated an Indiana custody order, modified custody of the parties' son and held the father in contempt of an earli

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Robinson v. Metro Atlanta Rapid Transit Auth.

    Publication Date: 2015-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Anitra Price, Fayetteville, for appellant.
    for defendant: Paul Henefeld Applebaum Henefeld PC, Atlanta, for appellees.
    Case Number: A15A1398

    MARTA and its officers were entitled to qualified immunity in the plaintiff's lawsuit alleging that the officers used excessive force in arresting him during an altercation at the Five Points MARTA

  • McKethan v. Wells Fargo Bank NA

    Publication Date: 2015-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Natalie Rowland, Atlanta, for appellant.
    for defendant: Andrew Byerly and Lawrence Kelly Fidelity National Law Group, Atlanta, for appellee.
    Case Number: A15A1590

    The defendant's motion to dismiss was sufficient to prevent a default judgment against her in a bank's action seeking reformation of a security deed to correct errors in the legal description of the

  • Fontaine v. State

    Publication Date: 2015-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael Kelley Georgia Public Defender Standards Council, Ringgold, for appellant.
    for defendant: Herbert Franklin, District Attorney, and Matthew Brown District Attorney's Office, LaFayette, for appellee.
    Case Number: A15A1044

    The defendant's conviction for possessing methamphetamine should have merged into his conviction for possessing methamphetamine with intent to distribute as a matter of

  • Heard v. State

    Publication Date: 2015-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Nancee Tomlinson, Athens, for appellant.
    for defendant: Layla Zon, District Attorney, and Christopher Sperry District Attorney's Office, Covington, for appellee.
    Case Number: A15A1439

    The trial court did not violate the defendant's right to be present during all critical stages of his trial for armed robbery, burglary and a weapons charge, because the procedural and scheduling co

  • Goulding v. State

    Publication Date: 2015-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Shannon Wallace, District Attorney, Cliff Head, and Rachelle Carnesale, Assistant District Attorneys, Canton, for appellee.
    Case Number: A15A0841

    The trial court did not abuse its discretion in declining to excuse a juror for cause after the juror expressed doubt that she could be fair and impartial to the defendant, because she also stated a