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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
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
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
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
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
Law Journal Press | Digital Book
Authors: Gary L. Brown
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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
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
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
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
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
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