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  • Jordan v. State

    Publication Date: 2014-08-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Amanda Morris Public Defender's Office, Augusta, for appellant.
    for defendant: David White, District Attorney, Geoffrey Fogus, Assistant District Attorney, Hartwell, and Jean Mangan District Attorney's Office, Elberton, for appellee.
    Case Number: A14A0643

    The trial court failed to respond properly to the jury's question about the "legal definition" of s

  • Liberty Cnty. Sch. Dist. v. Halliburton

    Publication Date: 2014-08-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Christian Steinmetz Gannam, Gnann & Steinmetz LLC, Savannah, and Phillip Hartley, Gainesville, for appellant.
    for defendant: . Maurice King, Albany, for appellee.
    Case Number: A14A0333

    The trial court erred in failing to dismiss the plaintiff's claims against a school district and a number of its officers in their official capacities, since the Georgia Tort Claims Act expressly e

  • Alexander v. State

    Publication Date: 2014-08-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Kenneth Kondritzer, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Lenny Krick, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A14A0190

    Because parole ineligibility is a collateral consequence of a guilty plea, any failure to discuss that consequence with the defendant would not constitute deficient performance of co

  • Bankston v. Lachman

    Publication Date: 2014-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Jean Kutner and David Webster, Atlanta, for appellant.
    for defendant: C. Suzette Ellis-Hoyle Ellis Boyle King de Klerk LLC, Decatur, for appellee.
    Case Number: A13A1020

    O.C.G.A. § 5-6-34 subsection d does not authorize an appellant to revisit an unappealed final disposition in a contempt proceeding that is ancillary to a child custody

  • Thompson v. Lovett

    Publication Date: 2014-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Stuart Oberman and Michelle Wein Oberman Law Firm, Loganville, for appellant.
    for defendant: Don Jones Jones & Duff LLC, Loganville, for appellee.
    Case Number: A14A0245

    The trial court erred in granting summary judgment to the plaintiff in her suit on a note based on the statute of frauds, as an alleged oral agreement to alter the terms of the note constituted a re

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Allen v. Zion Baptist Church of Braselton

    Publication Date: 2014-08-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Jeffrey Harris, Madeline McNeeley Harris, Penn, Lowry, DelCampo LLP, Atlanta, Stephen Lowry Harris, Penn, Lowry LLP, Savannah, and Frederick Massey Hicks, Massey & Gardner LLP, Winder, for appellant.
    for defendant: . Carrie Christie and Courtney Norton Rutherford & Christie LLP, Atlanta, for appellees.
    Case Number: A14A0079

    A question of fact remained as to whether the defendant church violated its duty of care in hiring, retaining and supervising a youth program volunteer who sexually assaulted a

  • Bodiford v. State

    Publication Date: 2014-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Daniel Farnsworth, Atlanta, for appellant.
    for defendant: James Wright, District Attorney, Blair Mahaffey, Assistant District Attorney, and Jordan Van Matre District Attorney's Office, McDonough, for appellee.
    Case Number: A14A0683

    The officer impermissibly prolonged the traffic stop by refusing to communicate with dispatch after requesting a license

  • Atlanta Nat'l League Baseball Club Inc. v. F. F. Individually

    Publication Date: 2014-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Pamela Lee, Bradley Wolff Swift, Currie, McGhee & Hiers LLP, Ronald Gaither, and Leah Sears Schiff Hardin LLP, Atlanta, for appellant.
    for defendant: J. Matthew Dwyer Jr. Dwyer Law Group, Peter Law, Ernest Moran Law & Moran, and Amanda Evans, Atlanta, for appellees. Amicus: Thomas Ostertag Office to the Commissioner of Baseball, New York, N. Y.
    Case Number: A14A0398

    The trial court properly denied the Atlanta Braves' motion for declaratory judgment in a negligence lawsuit arising after a child was injured by a foul

  • Druid Hills Civic Ass'n Inc. v. Buckler

    Publication Date: 2014-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A0138; A14A0139

    The superior court erred in dismissing for lack of standing a petition for certiorari from the county planning commission's approval of the developers' plans for a subdivision, as the developers wai

  • Henderson v. St. Paul Baptist Church

    Publication Date: 2014-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Douglass Farrar Farrar, Hennesy & Tanner LLC, Douglas, for appellant.
    for defendant: . John Smith Young Thagard Hoffman Smith & Lawrence, Valdosta, for appellee.
    Case Number: A14A0227

    The trial court erred in granting summary judgment to the defendant church on claims arising from the plaintiff's fall on church property, as the evidence was not plain, palpable and undis