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  • Garcia v. Shaw Indus. Inc.

    Publication Date: 2013-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Brent Savage, Savannah, for appellant.
    for defendant: Amy Auffant, Stanford Wilson, Porsche Leonce, and William Deveney Elarbee, Thompson, Sapp & Wilson LLP, Atlanta, for appellee.
    Case Number: A12A1667

    The plaintiff failed to show that her former employer acted out of malice when it filed an administrative fraud complaint with the Georgia State Board of Workers' Compensation alleging that she was

  • Synovus Bank v. Griner

    Publication Date: 2013-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Steven Collins Alston & Bird LLP, Atlanta, for appellant.
    for defendant: . Michael Terry, Mary Webb Bondurant Mixson & Elmore, James Finley Finley & Buckley, Atlanta, Gerald Davidson Mahaffey Pickens Tucker LLP, Lawrenceville, and C. Ronald Ellington, Athens, for appellees. Amicus: William Custer Bryan Cave LLP, Atlanta.
    Case Number: A12A1822

    The question of whether the overdraft and overdraft protection fees at issue constituted interest under Georgia law could not be determined at the pleadings stage, given the broad definitions of int

  • Hall v. Town Creek Neighborhood Ass'n

    Publication Date: 2013-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Michael Jones, East Point, for appellant.
    for defendant: Karen Smiley Lazega & Johanson LLC, Atlanta, for appellee.
    Case Number: A12A1972

    A property developer was not entitled to act as the homeowners' association's board of directors; thus, the defendant was not required to pay the special assessments the developer l

  • Castaneira v. State

    Publication Date: 2013-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Elizabeth Bradley, Atlanta, for appellant.
    for defendant: Scott Ballard, District Attorney, Robert Smith, Assistant District Attorney, and Jeremy Hayes District Attorney's Office, Fayetteville, for appellee.
    Case Number: A12A2149

    The evidence did not support a jury charge on mistake in fact, since the defendant continued his contact with the intended victim, engaging in sexually explicit conversations and arranging to meet

  • Jones v. State

    Publication Date: 2013-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Laura Hastay Darden Hastay LLC, Savannah, for appellant.
    for defendant: Julayaun Waters, Assistant United States Attorney, Larry Chisolm, Margaret Heap, District Attorneys, and Reginald Martin, Assistant District Attorney, Savannah, for appellee.
    Case Number: A12A2082

    The defendant failed to demonstrate that he had a reasonable expectation of privacy in his co-defendant's girlfriend's apartment; therefore, he lacked standing to challenge the search of the apartme

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  • Sherman v. Development Auth. of Fulton Cnty.

    Publication Date: 2013-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: John Woodham Woodham & Associates LLC, Atlanta, for appellant.
    for defendant: Paul Howard, District Attorney, Cary Ichter, S. Renee Huskey Ichter Thomas LLC, Lewis Horne Schiff Hardin LLP, William Holby, and Benjamin Easterlin King & Spalding, Atlanta, for appellees.
    Case Number: A12A2111

    The trial court's order validating and confirming Fulton County's issuance of taxable revenue bonds and bond security documents was vacated and remanded for the trial court to enter a new order con

  • Hazzard v. State

    Publication Date: 2013-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Solomon Amusan The Amusan Law Firm PC, Savannah, for appellant.
    for defendant: Larry Chisolm, Margaret Heap, District Attorneys, and Christine Barker, Assistant District Attorney, Savannah, for appellee.
    Case Number: A12A2135

    The defendant failed to prove that his trial counsel was deficient for failing to obtain a benefit during plea negotiations for the defendant's efforts in assisting the police as a confidential inf

  • Taylor v. State

    Publication Date: 2013-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Travis Williams, Lucy Huggins, and H. Bradford Morris Jr. Public Defender's Office, Gainesville, for appellant.
    for defendant: William Langley, District Attorney, and Cathy Cox-Brakefield, Assistant District Attorney, Blairsville, for appellee.
    Case Number: A12A1877

    The defendant induced any error in allowing a joint trial to proceed while her counsel's law partner represented the co-defendant when she explicitly waived any conflict; even if her waiver was inef

  • WCI Props. Inc. v. Community & S. Bank

    Publication Date: 2013-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Clifford Lancey, Ellijay, for appellant.
    for defendant: . Melinda Agee Stites & Harbison PLLC, Atlanta, for appellee.
    Case Number: A12A1804; A12A1806; A12A1807

    The trial court properly confirmed the foreclosure sales as the evidence supported the conclusion that the properties sold for at least their true market

  • Aguilera v. State

    Publication Date: 2013-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Mickey Roberts, Duluth, for appellant.
    for defendant: Daniel Porter, District Attorney, and Michael Morrison, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A12A2218

    The jury was authorized to infer the defendant's knowledge of his cocaine possession from evidence showing that high-level drug traffickers sent him to obtain and transport cocaine, that he attempte