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  • Hutchins v. State

    Publication Date: 2014-04-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Travis Williams and H. Bradford Morris Public Defender's Office, Gainesville, for appellant.
    for defendant: Layla Zon, District Attorney, Covington, and Malachi Peacock District Attorney's Office, Monroe, for appellee.
    Case Number: A13A1924

    The defendant's trial counsel provided ineffective assistance in failing to object to inadmissible bad character evi

  • Leslie v. Doe

    Publication Date: 2014-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: David Van Sant Vansant Law LLC, Cumming, for appellant.
    for defendant: Sean Gill and Jessica Sanford Fain Major & Brennan PC, Atlanta, for appellee.
    Case Number: A13A2312

    The trial court erred in finding that the plaintiff failed to present evidence corroborating his claim that the "phantom driver" defendant's actions forced him from the road and caused the acc

  • CRE Venture 2011-1 LLC v. First Citizens Bank of Ga.

    Publication Date: 2014-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: John Lockett Morris Manning & Martin LLP, Atlanta, for appellant.
    for defendant: Matthew Liss Joyce Thrasher Kaiser & Liss LLC, Atlanta, and Steven Leibel, Dahlonega, for appellee.
    Case Number: A13A1888

    The trial court did not manifestly abuse its discretion in enjoining the defendant bank from foreclosing on the property securing a loan in an action regarding a loan participation agreement among m

  • In the Interest of D. P.

    Publication Date: 2014-03-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Azadeh Golshan Public Defender's Office, Newnan, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Atlanta, and Linda Taylor Hunnicutt & Taylor, Newnan, for appellee. Other party representation: Doris Orleck, Newnan.
    Case Number: A13A2496

    The juvenile court's failure to make express findings of fact to support its legal conclusion that the 4-year-old child would suffer serious harm unless the mother's rights were terminated required

  • MasTec N. Am. Inc. v. Wilson

    Publication Date: 2014-03-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Michael Boorman and Leslie Cline Huff Powell & Bailey LLC, Atlanta, for appellant.
    for defendant: . Andy Williams, Peter Law Law & Moran, and Amanda Evans, Atlanta, for appellee.
    Case Number: A13A2473

    The trial court erred in denying partial summary judgment to the defendant employer and its commercial truck driver employee on the plaintiff's claims arising from an automobile collision, as the fa

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    Delaware County Court Rules 2024

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  • Clayton Cnty. Bd. of Educ. v. Wilmer

    Publication Date: 2014-02-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A2088; A13A2094

    A county board of education failed to timely notify two tenured teachers in writing of the board's decision not to renew the teachers' contracts and of their right to a

  • Hamlett v. State

    Publication Date: 2013-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Rodney Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: . Paul Howard, District Attorney, and David Getachew-Smith District Attorney's Office, Atlanta, for appellee.
    Case Number: A13A0474; A13A0882

    The State's installation and monitoring of a GPS tracking device on the defendant's vehicle without his knowledge or consent constituted an invasion of his privacy under the Fourth Amendment that ha

  • Horton v. Dennis

    Publication Date: 2013-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Caleb Walker and Katherine McArthur The Law Firm of Kathy McArthur, Macon, for appellant.
    for defendant: . Robert Marcovitch, John Train, Joshua Wood Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Robert Semler Buckley Brown PC, Atlanta, and Hugh McNatt McNatt, Green and Peterson, Vidalia, for appellees.
    Case Number: A13A0935

    The trial court properly refused to submit the plaintiffs' claim for attorneys' fees to the jury, as the record contained evidence that the defendants genuinely disputed the issue of the proximate c

  • Anderson v. Atlanta Gas Light Co.

    Publication Date: 2013-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1620; A13A1621

    The trial court did not abuse its discretion in determining that the plaintiffs' expert witness was not qualified and that his opinions were not sufficiently rel

  • Blanton v. State

    Publication Date: 2013-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Jody Peterman, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Tracy Chapman, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A13A1200

    O.C.G.A. § 17-7-53.1 did not bar the defendant's prosecution on his third indictment for incest and child molestation, since, at the time of the ruling, neither his first nor his second indictment h