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  • State v. Brown

    Publication Date: 2012-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and Lenny I. Krick, Assistant District Attorney, Atlanta, for appellant.
    for defendant: David H. Jones King, King & Jones PC, Atlanta, for appellee.
    Case Number: A11A1932

    The 9-year delay between the defendant's arrest and the dismissal of his indictment deprived him of his constitutional right to a speedy

  • Jones v. Housing Auth. of Fulton County

    Publication Date: 2012-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Albert L. Kemp Jr. Kemp Ali PC, Atlanta, for appellant.
    for defendant: Richard A. Carothers and Cheryl R. Reid Carothers & Mitchell, Buford, for appellee.
    Case Number: A11A1835

    The undisputed facts showed that the employee ratified the misuse of restricted funds, and such misuse constituted an action that caused material harm to the housing authority within the meaning of

  • Gibson Constr. Co. v. GAA Acquisitions I LLC

    Publication Date: 2012-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Andrew R. Diamond, Atlanta, for appellant.
    for defendant: Kevin L. Ward, Jill D. Prussack, Joseph L. Kelly Schulten Ward & Turner, and Michael A. Dunn James Bates LLC, Atlanta, for appellees.
    Case Number: A11A2016

    The defendant was not entitled to attorneys' fees under O.C.G.A. § 9-15-14 a because the plaintiff's unsuccessful argument in a prior appeal as to an issue of first impression was not nonsensical, i

  • Hatcher v. State

    Publication Date: 2012-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Anthony J. Morgese, Woodstock, 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: A11A2416

    The Court vacated the defendant's mandatory minimum sentence for sexual exploitation of a child, and remanded the case to the trial court for reconsideration of a downward departure in accordance wi

  • Bradley v. Winn-Dixie Stores Inc.

    Publication Date: 2012-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Leslie S. Jean-Bart Farah & Farah PA, Jacksonville, Fla. and James H. Wyman Hinshaw & Culbertson LLP, Fort Lauderdale, Fla., for appellant.
    for defendant: Paul Buschmann Hinshaw & Culbertson LLP, Jacksonville, Fla., for appellee.
    Case Number: A11A2238

    The trial court erred in applying the rule set out in Prophecy Corp. v. Charles Rossignol, Inc., 256 Ga. 27 1986, to conclude that the plaintiff failed to establish that the grocery store had const

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

    View this Book

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  • Martin v. Hamilton State Bank

    Publication Date: 2012-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Virginia B. Harman McRae, Stegall, Peek, Harman, Smith & Manning LLP, and Jackson B. Harris, Rome, for appellant.
    for defendant: Edward Hine Jr., Rome, for appellee.
    Case Number: A11A1588

    The bank did not breach its duty of good faith and fair dealing by refusing to restructure the debtor's debt, since the promissory notes explicitly authorized the bank to declare a default, acceler

  • Brandt v. State

    Publication Date: 2012-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Mark A. Yurachek, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Lisa A. Jones, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A11A1853

    The trial court properly concluded that the search of the truck occupied by the defendant was reaso

  • In re Cochran

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Jerry A. Landers Jr., Marietta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson Attorney General's Office, Atlanta, Christopher M. Bethel Edwards, Friedewald & Grayson, and Althea C. Caces, Marietta, for appellee.
    Case Number: A11A1633

    Clear and convincing evidence supported the probate court's finding that the ward lacked sufficient capacity to make responsible decisions concerning the management of her property, where the eviden

  • Duffield v. Chui

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Charles H. McAleer, Decatur, for appellant.
    for defendant: Christopher S. Harris, Tyrone, for appellee.
    Case Number: A11A2255

    The trial court erred in charging the jury on negligence principles rather than the law of ba because the plaintiff alleged, presented evidence of, and requested a charge on the tort of ba

  • Brown v. State

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Jill E. Roth Public Defender's Office, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, and Sarah L. Moorhead, Assistant District Attorney, Savannah, for appellee.
    Case Number: A11A2198

    The trial court did not abuse its discretion in denying the defendant's motion for mistrial based on the state witness's irregular communication with several jurors near the courthouse ele