• Alvear v. Sandy Springs Toyota Inc.

    Publication Date: 2015-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Norman Cuadra and Chirag Patel Cuadra Patel LLC, Lawrenceville, for Alvear. David Atkinson and Adam Masarek Magill Atkinson Dermer LLP, Atlanta, for Sandy Springs Toyota Inc..
    for defendant:

    Case Number: A15A0511; A15A0512

    Genuine issues of material fact remained as to the plaintiff's claims for fraud and a violation of Georgia's odometer statute, O.C.G.A. § 40-8-5, arising after she purchase a car from a dealership t

  • In the Interest of A. H.

    Publication Date: 2015-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: James Anagnostakis, Douglasville, for appellant.
    for defendant: Brian Fortner, District Attorney, Steven Knittel, James Dooley, Assistant District Attorneys, and Barry Wood, Douglasville, for appellee.

    Case Number: A15A0239

    A. H. appeals from an order of the juvenile of Douglas County, which granted the State's request for a 48-hour continuance of A. H.'s adjudicatory hearing. A. H. contends that the juvenile

  • Allstate Fire Cas. Ins. Co. v. Rothman

    Publication Date: 2015-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Melissa Bailey, Frederick Valz Carlock, Copeland Stair LLP, and Charis Johnson Law Office of Clifton Lee Associates, Atlanta, for appellant.
    for defendant: Steven Barnett, Marietta, for appellee. Other party representation: Christopher Penna Penna Mendicino, Conyers, and Michael Byrne, Snellville.

    Case Number: A15A0266

    Charles Rothman was injured in an automobile accident involving a vehicle driven by Duc Nyguen. The truck driven by Rothman at the time of the accident belonged to his employer, Allgood Servi

  • Bostic v. State

    Publication Date: 2015-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Natalie Glaser, Dublin, for appellant.
    for defendant: Louie Fraser, District Attorney, and Cheryl Banks, Assistant District Attorney, Dublin, for appellee.

    Case Number: A15A0600

    The officer did not have probable cause to arrest the defendant for DUI less safe and the trial court therefore erred in denying his motion to suppress the results of his alcohol breath test obtain

  • Caraway v. Spillers

    Publication Date: 2015-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Adam Nagel Singleton, Pasley Nuce LLC, Barnesville, for appellant.
    for defendant: . Larry Mayfield Smith, Welch, Webb White LLC, Barnesville, for appellee.

    Case Number: A15A0162

    There was an issue of fact as to whether the defendants' possession of certain real property put the plaintiff, who was subsequently deeded the same property, on notice of the defendants' claim of t

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  • Davis v. State

    Publication Date: 2015-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Jerry Webb, Atlanta, for appellant.
    for defendant: Carroll Chisholm, Solicitor General, and Keenan Howard, Assistant Solicitor General, Athens, for appellee.

    Case Number: A15A0324

    The Court vacated the denial of the defendant's motion to suppress and his convictions for DUI less safe, DUI per se and reckless driving, and remanded the case to rial court to consider whethe

  • State v. Lucas

    Publication Date: 2015-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Daniel J. Porter, District Attorney, John Warr, Assistant District Attorney, and Karen Seeley, Solicitor General, Lawrenceville, for appellant.
    for defendant: William Rhodes, Snellville, for appellee.

    Case Number: A15A0620

    The State's failure to produce a valid arrest warrant at the motion to suppress hearing did not invalidate the arrest that led to the discovery of contraband because there was probable cause to arr

  • Surette v. Henry County Bd. of Tax Assessors

    Publication Date: 2015-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: John Roberts The Roberts Law Firm PC, Atlanta, for appellant.
    for defendant: . LaTonya Wiley Henry County Attorney's Office, and Patrick Jaugstetter Power Jaugstetter PC, McDonough, for appellee.

    Case Number: A15A0218

    The appellants were bound by their prior stipulation of value of their residential property entered in a consent

  • State v. Wells

    Publication Date: 2015-06-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Robert D. James Jr., District Attorney, William Clark, Assistant District Attorney, and Gerald Mason District Attorney's Office, Decatur, for appellant.
    for defendant: Richard Silver, Assistant Public Defender, Gainesville, and Gerard Kleinrock, Decatur, for appellee.

    Case Number: A15A0096

    Information one officer relayed to the officer who prepared and signed an affidavit supporting a warrant to search the defendant's residence was admissible to establish probable

  • Bankston v. Warbington

    Publication Date: 2015-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Robert Moss Moss Rothenberg, Lisa West The West Firm, Atlanta, and Jennifer Patterson Miles Patterson Hansford Tallant LLC, Cumming, for Bankston. Gregory Golden Kupferman Golden, Atlanta, for Warbington.
    for defendant:

    Case Number: A14A1514; A14A1515

    The self-executing -in-custody provision of the trial court's order was void because it violated Georgia's public policy in that it failed to provide for a determination of whether the custody