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Publication Date: 2017-01-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Harold Hilton and Christopher Keith Hawkins Parnell Thackston Young LLP, Atlanta, for appellant.
for defendant: James Ford and Mitchell McGough James Lee Ford PC, Atlanta, for appellees. Other party representation: James Taylor Fain, Major Brennan PC, Atlanta.
Case Number: A16A1722
The trial court erred in denying defendant's motion for summary judgment in plaintiff's action alleging that defendant was negligent in performing mold remediation services in his home and that he w
Publication Date: 2017-01-23
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Denise Spitalnick and Tiffany Winks Hall Booth Smith PC, Atlanta, for appellant.
for defendant: Craig Jones The Orlando Firm PC, Decatur, and Karen Woodward Cruser Mitchell LLP, Norcross, for appellee.
Case Number: A16A1937
Defendant was not liable to plaintiff on his claims for defamation and false imprisonment, and the trial court erred in denying defendant's motion for summary jud
Publication Date: 2016-12-28
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Shira Crittendon and Michael Flint Schreeder, Wheeler Flint LLP, Atlanta, for appellant.
for defendant: James Sherman and Sherri Kimmell Stanley, Esrey Buckley LLP, Atlanta, for appellee.
Case Number: A16A1331
The trial court erred in allowing the jury, over defendant's motion for directed verdict, to award plaintiff costs his PC incurred in establishing its business, because the PC was a non-party with n
Publication Date: 2016-12-28
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Patrick O'Connor and David Mullens Oliver Maner LLP, Savannah, for appellant.
for defendant: . Christopher Britt and Jeremy McKenzie Karsman, McKenzie Hart, Savannah, for appellees.
Case Number: A16A0945
Because City charged a fee to enter a City-owned stadium, an exception to the Recreational Property Act applied and City was, therefore, not immune from liability under the Act in plaintiffs' suit
Publication Date: 2016-12-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Brandon Bowen Jenkins Bowen PC, Cartersville, and Sarah Hegener Haynie, Litchfield, Crane White PC, Marietta, for appellant.
for defendant: Joshua Tropper Baker, Donelson, Bearman, Caldwell Berkowitz PC, Atlanta, Jennifer Keskeny, Steven Flynn, Kimberly Wright, and Jimmy Howell McCalla Raymer LLC, Roswell, for appellee.
Case Number: A16A0768
The Court affirmed the denial of defendant's motion for judgment on the pleadings in bank's suit seeking, on the grounds of mutual mistake, to reform the legal description of a security deed to incl
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Publication Date: 2016-11-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Garland Moore, Conyers, for appellant.
for defendant: April Banks, Atlanta, and Eunice Banks, Morrow, proceeded pro se. Other party representation: Doris Ziegler-Harris, Atlanta.
Case Number: A16A1972
The Court vacated the order finding appellant in contempt for violating the p court's orders that he preserve and return certain specified property of his father's estate and remanded to the
Publication Date: 2016-09-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Lloyd Hedrick Hedrick Law LLC, Atlanta, for State Farm. Merlyn Dodson and Robert Katz Katz Stepp Wright Fleming LLC, Decatur, for Moss et al. and Corbin et al..
for defendant:
Case Number: A16A1037; A16A1038
The trial court erred in denying the insurer's motion for summary judgment in its action seeking a declaration of its obligations under a homeowner's insurance policy, because the policy provision e
Publication Date: 2016-09-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Nanette Wesley Wesley Holladay LLC, Atlanta, Paula Wellons, and Deborah Tullis Taylor, Wellons, Politz Duhe APLC, New Orleans, LA, for appellant.
for defendant: Shattuck Ely Fellows La Briola LLP, Atlanta, and Thomas Bick Butzel Long PC, Washington, DC, for appellee.
Case Number: A16A0705
The trial court properly granted the plaintiff's motion for summary judgment and properly denied the defendant's motion in the plaintiff's action seeking a declaration as to each of its excess liabi
Publication Date: 2016-09-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: C. Cyrus Malone Freisem, Macon, Swann Malone, Atlanta, for appellant.
for defendant: . Russell Waldon, John Alday, Anam Ismail Waldon Adelman Castilla Hiestand Prout, and Nanci Corsi, Atlanta, for appellee.
Case Number: A16A0852
The plaintiff was entitled to a new trial in her personal injury action after the trial court denied her request to have prospective jurors qualified in the courtroom during voir dire, regardless of
Publication Date: 2016-09-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: David Wood, Atlanta, for appellant.
for defendant: Brad Macdonald Hill/Macdonald LLC, Marietta, and Terri Brown, Woodstock, for appellee.
Case Number: A16A0804
The appellant failed to follow the procedure for filing an application for discretionary appeal in its appeal from an order denying a motion to set aside pursuant to O.C.G.A. § 9-11-60 subsection d;
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