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  • Adams v. Carver

    Publication Date: 2013-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Jerry Carter, Gainesville, for appellant.
    for defendant: Dale Carver, Young Harris, proceeded pro se.
    Case Number: A12A1979

    The Court refused to substitute its judgment for the trial court's when the mother's only enumeration of error was that the trial court should have weighed the evidence of the father's alcohol abuse

  • Clark v. State

    Publication Date: 2013-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Gabriel Cliett, Metter, for appellant.
    for defendant: Rebecca Wright, District Attorney, and Madonna Little, Assistant District Attorney, Augusta, for appellee.
    Case Number: A12A2267

    The evidence supported the defendant's convictions for cocaine trafficking and ecstasy posse

  • Jones v. State

    Publication Date: 2013-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Robert Persse and Stuart Patray, Public Defenders, Statesboro, for appellant.
    for defendant: Rebecca Wright, District Attorney, and Charles Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A12A2173

    The circumstantial evidence supported the defendant's conviction for second-degree criminal damage to pro

  • Causey v. State

    Publication Date: 2013-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Shofaetiyah Watson The Watson Law Firm LLC, Atlanta, for appellant.
    for defendant: Tracy Lawson, District Attorney, and Elizabeth Baker, Deputy Chief Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A12A2340

    "Inherently innocuous" contact between jurors and a spectator did not support a motion for mis thus the defendant's counsel was not deficient for failing to move for mis

  • Reid v. State

    Publication Date: 2013-02-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Steven Miller, Summerville, for appellant.
    for defendant: Leigh Patterson, District Attorney, and Suhirjahaan Morehead District Attorney's Office, Rome, for appellee.
    Case Number: A12A1959

    Even if the t ourt erred in failing to notify the defendant before denying the jury's request to rehear evidence, the defendant failed to show harm as a result of the alleged error because the

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  • Kammerer Real Estate Holdings LLC v. PLH Sandy Springs LLC

    Publication Date: 2012-12-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Craig K. Pendergrast and E. Peyton Nunez Taylor English Duma LLP, Atlanta, for appellant.
    for defendant: Dana L. Jackel and Christopher L. Phillips Jackel & Phillips PC, Marietta, for appellee.
    Case Number: A12A1435

    The trial court properly determined that the appellant had a duty, pursuant to an express easement, to maintain and repair a sewer line that traversed the appellee's pro

  • Samuels v. CBOCS Inc.

    Publication Date: 2012-12-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: William Jerles and Robert Lawson Daniel, Lawson, Tuggle & Jerles LLP, Perry, for appellant.
    for defendant: . Lauren Dimitri, Paul Ivey, Mark Maholick, and Mark Wortham Hall, Booth, Smith & Slover PC, Atlanta, for appellees.
    Case Number: A12A1525

    The trial court erred in granting summary judgment to the defendant on the plaintiff's claims arising from injuries she sustained when she slipped on a 4-inch piece of dark wood in the illuminated

  • Hargis v. State

    Publication Date: 2012-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Nathanael Horsley, Dawsonville, for appellant.
    for defendant: William Langley, District Attorney, and Cathy Cox-Brakefield, Assistant District Attorney, Blairsville, for appellee.
    Case Number: A12A1622

    Pursuant to Georgia Code of Judicial Conduct Canon 3 E 1, the defendant's failure to move for recusal could not amount to a waiver of his argument that the trial court should have recused i

  • The Kroger Co. v. Walters

    Publication Date: 2012-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Douglas Wilde, Tyrone, for appellant.
    for defendant: Lloyd Bell Bell Law Firm, Bruce Berger Berger Law Firm, and Darren Summerville Summerville Moore PC, Atlanta, for appellees.
    Case Number: A12A1637

    Because the trial court admitted evidence of spoliation and the defendant grocery store's manipulation of the video surveillance tape that may or may not have captured the slip and fall incident, it

  • Rowe v. Law Offices of Ben C. Brodhead PC; Law Offices of Ben C. Brodhead PC v. Rowe

    Publication Date: 2012-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A1300; A12A1301

    In a dispute over an attorneys' fee agreement, the Court affirmed the jury's verdict for the law firm in the amount of $160K.