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  • Settendown Pub. Util. LLC v. Waterscape Util. LLC

    Publication Date: 2013-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: George Butler, Dahlonega, for appellant.
    for defendant: . Robert Reeves Andersen Tate & Carr PC, Duluth, for appellee.
    Case Number: A13A0830; A13A0831

    The Court of Appeals lacked jurisdiction to consider the defendants' direct appeals from a trial court order disqualifying their counsel, as the order was interlocutory and the defendants failed to

  • In Re: Estate of Price

    Publication Date: 2013-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Floyd Propst and Harry MacDougald Caldwell & Watson LLP, Atlanta, for appellant.
    for defendant: John Tomlinson, Loganville, for appellee. Other party representation: Thomas Cohen, Corey Minnihan Thomas Cohen Law Firm, Atlanta, Tracy Drake, and Charles Tingle, Lawrenceville.
    Case Number: A13A1517

    The probate court failed to apply the proper standard of proof when it concluded that the temporary administrator's sale of certain estate property was "in the best interest of the estate", rather t

  • Stillwater Enters. Inc. v. Hanson Pipe & Precast LLC

    Publication Date: 2013-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: John Alexander, Jefferson Slagle, and Dewitte Thompson Thompson, Slagle & Hannan LLC, Duluth, for appellant.
    for defendant: . John Sparks Austin & Sparks PC, Atlanta, for appellee.
    Case Number: A13A1316

    The plaintiff seller/creditor was not required to provide notice to the defendant guarantor that it had approved the buyer's application for credit in order to make the guaranty bi

  • Goyal v. Fifidara

    Publication Date: 2013-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1536

    The evidence supported the trial court's factual finding that the father had not established domicile in DeKalb C when his child's mother filed a custody modification petition in Gwinnett C

  • Mingledolph v. State

    Publication Date: 2013-10-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: James Weston Trotter Jones LLP, Augusta, for appellant.
    for defendant: Rebecca Wright, District Attorney, and Madonna M. Little, Assistant District Attorney, Augusta, for appellee.
    Case Number: A13A0948

    The jury was entitled to reject the defendant's claim of self-defense, since some evidence showed that the defendant provoked another man to shoot at him, resulting in an exchange of gunfire, which

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Rembert v. State

    Publication Date: 2013-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Russell Walker, Perry, for appellant.
    for defendant: George Hartwig, District Attorney, and Daniel Bibler, Deputy Chief Assistant District Attorney, Perry, for appellee.
    Case Number: A13A1513

    The trial judge's failure to recuse herself presented no basis for reversal, since the fact that she had served as an assistant district attorney who prosecuted the defendant with respect to a prior

  • Polly v. State

    Publication Date: 2013-09-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Zachary Tumlin, Murrayville, for appellant.
    for defendant: Lee Darragh, District Attorney, Gainesville, and Randall Schonder District Attorney's Office, Dawsonville, for appellee.
    Case Number: A13A0825

    The trial court's modification of the conditions of the defendant's probation to require him to provide proof of his child support payments did not constitute an illegal increase in his sen

  • Mack v. State

    Publication Date: 2013-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1352

    The defendant's sentence of life imprisonment for armed robbery was not void and was within the ory range permitted by law, since the application of the recidivist e to the armed robbery

  • Wimmer v. State

    Publication Date: 2013-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1069

    The trial court failed to make the required inquiry and relevant findings when denying the defendant's motion for out-of-time a

  • Reid v. Metropolitan Atlanta Rapid Transit Auth.

    Publication Date: 2013-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Todd Maziar, Atlanta, for appellant.
    for defendant: Frank Putney Metropolitan Atlanta Rapid Transit Authority, Atlanta, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Compensation, Atlanta.
    Case Number: A13A0814

    O.C.G.A. § 34-9-104 subsection b's 2-year statute of limitation did not bar the employee's request for the recovery of statutory penalties his employer owed as the result of the employer's failure t