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  • Womack v. Johnson

    Publication Date: 2014-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Sidney Wright, Rome, for appellant.
    for defendant: . Julie Oinonen Williams Oinonen LLC, and David Betts Betts & Associates, Atlanta, for appellee.
    Case Number: A14A1083

    The plaintiffs waived any error in defense counsel's use of certain photographs during his opening statement, as they did not object until the following mo

  • Legacy Acad. v. Mamilove LLC

    Publication Date: 2014-08-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Charles Bachman, Stuart Sims Gregory, Doyle, Calhoun & Rogers LLC, Marietta, and C. David Joyner, Buford, for appellant.
    for defendant: . Cary Ichter and William Davis Ichter Thomas LLC, Atlanta, for appellees.
    Case Number: A14A0718

    The trial court properly declined to grant the defendant's motion for a directed verdict on the plaintiff's claim for rescission of a franchise agreement, since the evidence showed that the plaintif

  • Henderson v. Georgia Farm Bureau Mut. Ins. Co.

    Publication Date: 2014-08-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: John B. Long Tucker, Everitt, Long, Brewton & Lanier, Augusta, for appellant.
    for defendant: . Mark T. Dietrichs and Melissa K. Kahren Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellee.
    Case Number: A14A0242

    The trial court erred in granting the defendant-insurer's motion for j.n.o.v. following a jury verdict in favor of the plaintiffs in their action seeking benefits under a homeowners' insurance polic

  • Davis v. State

    Publication Date: 2014-08-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Andrew Fleischman Public Defender's Office, Dallas, for appellant.
    for defendant: Oliver Browning, District Attorney, Cedartown, and Matthew Nestrud, Rome, for appellee.
    Case Number: A14A1355

    Taken in context, an investigator's response to a question from the prosecutor, in which he stated that "nobody" had provided an alibi for the defendant, did not constitute a comment on the defendan

  • Castellanos v. Travelers Home & Marine Ins. Co.

    Publication Date: 2014-08-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Larry Stewart, Lawrenceville, for appellant.
    for defendant: David Atkinson and Marian Miller Magill, Atkinson, Dermer LLP, Atlanta, for appellee.
    Case Number: A14A0168

    The trial court erred in granting summary judgment to the defendant uninsured motorist carrier, as it improperly shifted to the plaintiff the burden of coming forward with evidence that there was a

  • 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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  • Clark v. State

    Publication Date: 2014-08-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A0692

    The defendant's sentence of 20 years to serve in prison for a first offense of chil station was void, as O.C.G.A. § 17-10-6.2 b expressly provides that a sentence for a first conviction for chi

  • Kolbus v. Fromm

    Publication Date: 2014-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A1132

    The trial court erred in enforcing a purported settlement agreement, as the plaintiff withdrew her alleged telephone offer by changing its terms in an email before the defendants accept

  • Robbins v. State

    Publication Date: 2014-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A0128

    The trial court properly determined that the defendant's recidivist sentencing was authorized, since there was no evidence presented that one of the three convictions upon which the trial court reli

  • Center for a Sustainable Coast Inc. v. Georgia Dep't of Natural Res.

    Publication Date: 2014-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Donald Stack Stack & Associates PC, and Jennifer Culler, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Isaac Byrd, Deputy Attorney General, James Coots, Senior Assistant Attorney General, and John Hennelly, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A12A1059

    Sovereign immunity barred the plaintiff's claim for injunctive relief against the State regarding the issuance of Letters of Permission to third parties authorizing land alterations to property wit

  • Kautz v. Powell

    Publication Date: 2014-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Zahra Karinshak, Phyllis Miller, Lawrenceville, Kelly Kautz, Snellville, and S. Lester Tate Akin & Tate, Cartersville, for appellant.
    for defendant: Kathryn Whitlock Drew Eckl & Farnham LLP, Elizabeth O'Neill Hawkins & Parnell, Atlanta, Anthony Powell, Robert Wilson Webb, Tanner, Powell, Mertz & Wilson, LLP, Lawrenceville, and Jody Campbell Rubin Lublin LLC, Peachtree Corners, for appellees.
    Case Number: A13A1963

    Although the city of Snellville's charter expressly authorizes the mayor to hire the city attorney, it vests the authority to terminate such employment in the city co