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  • Martinez v. State

    Publication Date: 2016-08-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Lon Kemeness, Tifton, for appellant.
    for defendant: Clifford Bowden, District Attorney, and Jennifer Hart, Assistant District Attorney, Tifton, for appellee.
    Case Number: A16A0323

    The trial court erred in not applying the rule of lenity, because statutory law established different punishments for the same of

  • Campbell v. Ailion

    Publication Date: 2016-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Herald Alexander Alexander Law Firm PC, Atlanta, for appellant.
    for defendant: S. Bradley Shipe Wagner Johnston Rosenthal PC, Atlanta, for appellees.
    Case Number: A16A0239

    The trial court erred in dismissing the plaintiff's complaint for failure to state a claim upon which relief could be granted, because the allegations of the complaint were sufficient to support cla

  • Jones v. Spruill

    Publication Date: 2016-07-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Allen Bodiford, Stockbridge, for appellant.
    for defendant: Mack Spruill, Ellenwood, proceeded pro se.
    Case Number: A16A0330

    The trial court had jurisdiction to enter a protective order against the appellant under Georgia's Family Violence Act, O.C.G.A. § 19-13-1, et seq., because conduct between siblings falls within the

  • AgSouth Farm Credit ACA v. Gowen Timber Co. Inc.

    Publication Date: 2016-06-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Robert Mikell and George Rountree Brown Rountree PC, Statesboro, for appellant.
    for defendant: Samantha DiPolito, Mark Johnson, James Hodges, and Theresa Beaton Gilbert, Harrell, Sumerford Martin, Brunswick, for appellee. Other party representation: Brent Savage Savage Turner Pinckney PC, Savannah.
    Case Number: A15A2375

    The trial court erred in denying the plaintiff's motions in limine and for judgment notwithstanding the verdict as to liability in its timber conversion suit, since the plaintiff had not given the d

  • The Eichholz Law Firm PC v. Tate Law Group LLC

    Publication Date: 2016-06-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Michael Schiavone Jackson Schiavone, Savannah, and Lloyd Murray, Richmond Hill, for appellant.
    for defendant: Robert Turner Savage, Turner, Pinson Karsman, and Steven Scheer Scheer Montgomery PC, Savannah, for appellees.
    Case Number: A15A1681

    The defendant law firm was entitled to summary judgment on the plaintiff law firm's quantum meruit claim arising out of a fee-splitting agreement, as the plaintiff firm failed to produce any evidenc

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  • Hunt v. State

    Publication Date: 2016-06-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Benjamin Pearlman Public Defender's Office, Athens, for appellant.
    for defendant: James Smith, District Attorney, Jefferson, Samuel Skelton, Assistant District Attorney, Homer, and Patricia Brooks, Winder, for appellee.
    Case Number: A15A2064

    The evidence supported the defendant's convictions on 16 of criminal conduct he committed against his stepdaughter, but the trial court erred in sentencing him on each

  • Shiv Aban Inc. v. Georgia Dep't of Transp.

    Publication Date: 2016-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Warren Coppedge, Stephen Michmerhuizen Coppedge Evans PC, and Daniel Laird Laird Litigation LLC, Dalton, for Shiv Aban Inc.. Samuel S. Olens, Attorney General, Mary Volkert, Assistant Attorney General, Anne Sapp, Atlanta, and Henry Tharpe Sponcler Tharpe LLC, Dalton, for Georgia Dep't of Transp..
    for defendant:
    Case Number: A15A2013; A15A2014

    The property owner was entitled to prejudgment interest under O.C.G.A. § 32-3-19 subsection c in addition to the condemnation award, attorney fees and litigation expenses based on the Department of

  • Hoglen v. State

    Publication Date: 2016-05-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Connor Magill, Public Defender, and Harvey Wasserman, Royston, for appellant.
    for defendant: David White, District Attorney, Hartwell, and James Wilkinson District Attorney's Office, Jonesboro, for appellee.
    Case Number: A15A1755

    The evidence was insufficient to support the defendant's conviction for aggravated assault, because he was not a party to his grandfather's act of firing a gun during his apprehension by police exec

  • Chua v. Johnson

    Publication Date: 2016-05-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Stephen Reba Barton Child Law Policy Center, Atlanta, and Mary Moses, St. Simons Island, for appellant.
    for defendant: Andrew Ekonomou The Lambros Firm LLC, Atlanta, for appellee.
    Case Number: A15A1728

    The trial court erred in dismissing the iff's com against a district attorney asserting a violation of Georgia's Open Records Act arising after the district attorney's office refused the

  • In the Interest of S. C. S.

    Publication Date: 2016-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Alison Loftin in Case No. A15A2227 only and William Kimsey Mitchell Mitchell PC, Dalton, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Penny Hannah, Assistant Attorney General, Atlanta, and Cynthia Johnson, Cohutta, for appellee. Other party representation: Rodney Quarles, Chatsworth, Rachel Fisher, Cohutta, and Katherine O'Gwin, Dalton.
    Case Number: A15A2226; A15A2227

    There was clear and convincing evidence that the two children were dependent, and the juvenile court did not err in awarding custody of the children to the Department of Family and Children Ser