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  • Cooper v. State

    Publication Date: 2013-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Katherine Mason, Augusta, for appellant.
    for defendant: Richard Mallard, District Attorney, and Joseph Black, Assistant District Attorney, Statesboro, for appellee.
    Case Number: A13A1467

    The State had not yet had the opportunity to rebut the defendant's argument, raised for the first time on appeal, that the trial court erred in conducting a bench trial without first determining whe

  • City of St. Marys v. Brinko

    Publication Date: 2013-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1456; A13A1457

    The plaintiff had no protected property interest in her employment with the City of St. Marys' Convention and Visitors Bureau, as the undisputed evidence, including the City's Personnel Policy Manua

  • Ramchandani v. State Bank & Trust Co.

    Publication Date: 2013-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1530

    The Fulton County trial court lacked jurisdiction to consider the defendants' collateral attacks on a Forsyth County confirmation order, since the defendants did not file a motion to set aside that

  • State v. Nickerson

    Publication Date: 2013-10-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Julia A. F. Slater, District Attorney, and Robert Bickerstaff District Attorney's Office, Columbus, for appellant.
    for defendant: John Shelnutt Berry, Shelnutt, Day & Hoffman PC, Columbus, for appellee.
    Case Number: A13A1257

    The trial judge did not impermissibly comment on the evidence when he asked the defendant to repeat a physical demonstration showing how he had fired his gun and asked the defendant how many times

  • King v. Worth Cnty. Bd. of Educ.

    Publication Date: 2013-10-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Herbert Benson, Tifton, for appellant.
    for defendant: Norman Crowe, Sylvester, for appellee.
    Case Number: A13A1578

    The Court of Appeals affirmed a county board of education's decision not to renew a teacher's con

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • In the Interest of D. C.

    Publication Date: 2013-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Yolanda Bacharach, Public Defender, and Mark Nathan, Assistant Public Defender, Savannah, for appellant.
    for defendant: Margaret Heap, District Attorney, and Allison Bailey, Assistant District Attorney, Savannah, for appellee.
    Case Number: A13A1161

    The juvenile court did not abuse its discretion in ordering the 15-year-old defendant to be confined in a youth development center for 36 months, followed by 12 months of intensive supervised probat

  • Barnett v. Georgia Dep't of Labor

    Publication Date: 2013-09-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Daniel Greenfield Jack F. Witcher, Bremen, for appellant.
    for defendant: Samuel S. Olens, Attorney General, and Kimberly Lewis, Assistant Attorney General, Atlanta, for appellees.
    Case Number: A13A0977

    Although there was some evidence that pellant used insubordinate language and a disrespectful tone towards his employer, the administrative hearing officer failed to consider the evidence that

  • Georgia Ltd. Partners LLC v. City Nat'l Bank

    Publication Date: 2013-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Christopher Wiech and John Phillips Troutman Sanders LLP, Atlanta, for appellant.
    for defendant: Shauna Phillips, Eric Stolze, and William Whitner Paul Hastings LLP, Atlanta, for appellee.
    Case Number: A13A1259

    The evidence supported the trial court's finding that the price the bank paid for an apartment complex at a foreclosure sale was equal to or greater than the fair market value of the property on the

  • Lexington Ins. Co. v. Rowland

    Publication Date: 2013-08-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Walter Bush, Christopher Freeman, and Catherine Acree Carlton Fields PA, Atlanta, for appellant.
    for defendant: John Mabrey, Alwyn Fredericks The Mabrey Firm PC, and Darren Summerville Summerville Moore PC, Atlanta, for appellees. Other party representation: Timothy Bendin, Kristin Hiscutt Bendin, Sumrall & Ladner LLC, Atlanta, and HNI Staffing Inc., Wilmington, Del.
    Case Number: A13A0383

    The insurer was not entitled to limit or terminate coverage for the plaintiffs' claim after a settlement collapsed and the insured could not fulfill its obligations due to its insolvency and impendi

  • The Word of Faith Ministries Inc. v. Hurt

    Publication Date: 2013-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: James Fisher, Joel McKie, and Denise Spitalnick Hall, Booth, Smith & Slover PC, Atlanta, for appellant.
    for defendant: Donald Jordan Adams Jordan & Treadwell PC, Milledgeville, for appellees.
    Case Number: A13A0858

    The Recreational Pro Act shielded the defendant church from liability for injuries the plaintiff's son received at a free festival held on the church's pro