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  • Duncan v. The State

    Publication Date: 2018-07-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: John Strauss (Attorney at Law), Covington, for appellant.
    for defendant: Stephen Bradley (District Attorney Ocmulgee Judicial Circuit), Milledgeville; Jeff Burks (Ocumulgee Judicial Circuit District Attorney's Office), Madison, for appellee.
    Case Number: A18A0487

    Court Affirms Multiple Convictions for Possession

  • Garner v. The State

    Publication Date: 2018-07-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Dell Jackson (Attorney at Law), Atlanta, for appellant.
    for defendant: Layla Zon (District Attorney), Covington; Tabitha Rogers (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A18A0157

    The evidence supported defendant's convictions for first-degree cruelty to children, rape, statutory rape, aggravated sodomy and several other sex offenses arising out of acts defendant committed against his stepchildren while their mother was in prison.

  • King v. The State

    Publication Date: 2018-07-23
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Michael Tarleton (The Appellate Division - GPDC), Atlanta, for appellant.
    for defendant: Sherry Boston (DeKalb County District Attorney), Decatur; Gerald Mason (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: A18A0182

    The trial court erroneously admitted evidence of defendant's prior conviction at his trial for aggravated child molestation and sexual battery and the Court thus reversed defendant's convictions and remanded for a new trial.

  • I. A. Group, Ltd, et al. v. RMNANDCO, Inc.

    Publication Date: 2018-07-23
    Practice Area: Business Torts | Civil Procedure | Damages
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Christopher Anulewicz, Brooke Gram (Balch & Bingham LLP), Atlanta, for appellant.
    for defendant: R. Edwards, Paul Piland (Cochran & Edwards LLC), Smyrna, for appellee.
    Case Number: A18A0578

    Although the trial court properly denied appellants' motion for summary judgment in appellee's action against them asserting various business-related tort claims, the trial court erred in reinstating a damages award to appellee after the Court of Appeals reversed the award in a prior appeal.

  • Farmer v. Georgia Department Of Corrections

    Publication Date: 2018-07-20
    Practice Area: Civil Procedure | Government
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Joseph Todd (Joseph M. Todd P.C.), Jonesboro; Samuel Broucek (Attorney at Law), Statesboro, for appellee.
    for defendant: Christopher Carr (Attorney General), Atlanta; Melissa Tracy (Georgia Department of Law), Atlanta; William Scott (Office of the Attorney General), Atlanta, for appellee.
    Case Number: A18A0461

    The trial court properly dismissed plaintiff's negligence action against the Georgia Department of Corrections because it lacked jurisdiction over the case due to plaintiff's failure to strictly comply with the Georgia Tort Claims Act's ante-litem notice requirement.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Rollins et al. v. LOR, Inc., et al.

    Publication Date: 2018-06-20
    Practice Area: Civil Procedure | Trusts and Estates
    Industry: Investments and Investment Advisory
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: H. Mixson, Timothy Rigsbee, Robert Ashe, (Bondurant Mixson & Elmore LLP), Atlanta; Thomas Rafferty, Antony Ryan, Samira Shah (Cravath, Swaine & Moore LLP), New York, for appellant.
    for defendant: Alan Bakowski, James Lamberth, William Withrow (Troutman Sanders LLP), Atlanta, for appellee.
    Case Number: A18A0638

    Family Business Trustees' Claims Against Business Managers Were All Either Time-Barred or Derivative in Nature

  • Morton v. Macatee

    Publication Date: 2018-06-14
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Mary Durant (Attorney at Law), Tucker; Brad Evans (Attorney at Law), Madison, for appellant.
    for defendant: Christopher Huskins (The Huskins Law Firm), Eatonton, for appellee.
    Case Number: A18A0514

    Trial Court's Order Altering Amount and Method of Money Payment Constituted Unauthorized Modification of Divorce Decree

  • The State v. Dykes

    Publication Date: 2018-06-12
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Teri Walker (Fulton County District Attorney's Office), Atlanta; Paul Howard (District Attorney), Atlanta, for appellant.
    for defendant: Sarina Woods (Atlanta Circuit Public Defender's Office), Atlanta, for appellee.
    Case Number: A18A0613

    The Court affirmed the grant of defendant's motion to suppress evidence obtained during a traffic stop because, viewed in the light most favorable to the trial court's ruling, there was no evidence that defendant committed a traffic violation and the officer thus lacked reasonable suspicion to stop defendant.

  • Principal Lien Services, LLC v. NAH Corporation

    Publication Date: 2018-06-07
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Tynesha Rhodes (The Price Boyd Law Firm), McDonough, for appellant.
    for defendant: Joseph Gannam (Gannam, Gnann & Steinmetz LLC), Savannah, for appellee.
    Case Number: A18A0029

    Garnishee Lacked Standing to Raise Defense That Judgment Debtor Was Not Provided Timely Notice of Garnishment Action

  • Findley v. City Of Atlanta et al.

    Publication Date: 2018-06-04
    Practice Area: Civil Procedure | Personal Injury | Premises Liability
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Michael Findley, Atlanta, for appellant.
    for defendant: Veronica Hoffler, M. Stewart (City of Atlanta Department of Law), Atlanta; Scott Cahalan, Darren Rowles (Smith Gambrell & Russell LLP), Atlanta, for appellee.
    Case Number: A18A0446

    Trial Court Erred In Granting Summary Judgment Motion Without First Moving on Motion to Amend Complaint