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  • Darst v. State

    Publication Date: 2013-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: J. Scott Key, Decatur, for appellant.
    for defendant: Daniel Porter, District Attorney, and Lisa Jones, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A13A0645

    Defense counsel was reversibly deficient for failing to conduct any investigation into the victims' school, therapy and DFCS records, failing to secure expert testimony and failing to adequately cro

  • Heritage Healthcare of Toccoa v. Ayers

    Publication Date: 2013-08-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Rodney Ficker Swift Currie McGhee & Hiers LLP, Atlanta, for appellant.
    for defendant: . Stephen Carter, Hartwell, for appellee.
    Case Number: A13A0265

    The superior court was authorized to set aside the Appellate Division of the State Board of Workers' Compensation's attorneys' fee award upon finding that it did not act within the scope of its disc

  • Georgia-Pacific Consumer Prods. LP v. Ratner

    Publication Date: 2013-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Bethany Schneider, Atlanta, and Tracy O'Connell Ellis, Painter, Ratterree & Bart LLP, Savannah, for appellant.
    for defendant: John Bell Bell & Brigham, Augusta, Timothy Roberts, and Benjamin Perkins Oliver Maner LLP, Savannah, for appellees. Amicus Curiae: William Droze Troutman Sanders, Atlanta.
    Case Number: A13A0455

    The trial court did not abuse its discretion in certifying the class of plaintiff property owners in their action arising from the release of hydrogen sulfide gas from the defendant's

  • Walker v. State

    Publication Date: 2013-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Angela Coggins Public Defender's Office, Perry, for appellant.
    for defendant: George Hartwig, District Attrorney, and Daryl Manns, Assistant District Attorney, Perry, for appellee.
    Case Number: A13A0444

    The police officer's observation of the de t exiting school property after midnight did not amount to reasonable suspicion of criminal activity to support a second-tier investigation, and the d

  • Pennington v. State

    Publication Date: 2013-08-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: George Law Whitmer and Law, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, Gainesville, and Conley Greer District Attorney's Office, Dawsonville, for appellee.
    Case Number: A13A0012

    The applicable 4-year statute of limitation had expired on the defendant's prosecution for four counts of theft by taking and one count of theft by conve

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    Georgia Construction Law Handbook 2024

    Authors: T. BART GARY, JAKE CARROLL

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  • Ray v. Hann

    Publication Date: 2013-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Susan Taylor Magruder & Sumner, Rome, for appellant.
    for defendant: Paul Cadle, Rome, for appellees.
    Case Number: A13A0757; A13A0821

    The Court reversed the order denying the father's legitimation petition, since the form that the father signed at the hospital following the child's birth contained ac dgment of paternity and a

  • HWA Props. Inc. v. Community & S. Bank

    Publication Date: 2013-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Matthew Brooks Troutman Sanders LLP, Atlanta, for appellant.
    for defendant: . Bret Thrasher and Aaron Kappler Thompson, O'Brien, Kemp & Nasuti PC, Norcross, for appellee.
    Case Number: A13A0047

    The bank was not entitled to a deficiency judgment on the note as it failed to comply with the confirmation requirements of O.C.G.A. § 44-1

  • Mullins-Leholm v. Evans

    Publication Date: 2013-07-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: James Money, Douglasville, for appellant.
    for defendant: Glen Stinson, Dallas, for appellee.
    Case Number: A13A0008

    The trial court erred as a matter of law in considering the father's counterclaim for contempt because he improperly filed it in response to the mother's contempt pet

  • Brooks Peanut Co. Inc. v. Great S. Peanut LLC

    Publication Date: 2013-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Nowell Berreth Alston & Bird LLP, Atlanta, and R. Edgar Campbell Perry & Walters, Albany, for appellant.
    for defendant: Charles Peeler Flynn Peeler & Phillips LLC, Albany, for appellee.
    Case Number: A13A0633

    A broker's written confirmation of a commodities transaction was sufficient to satisfy the Statute of F

  • Norfolk S. Ry. Co. v. Everett

    Publication Date: 2013-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: William Thompson Weissman, Nowack, Curry & Wilco, Atlanta, and Ralph Wellington Schnader Harrison Segal & Lewis, LLP, Philadelphia, Pa., for appellant.
    for defendant: Michael Warshauer, Lyle Warshauer, and Douglas Dumont Warshauer Law Group PC, Atlanta, for appellee.
    Case Number: A11A0951

    The whole Court of Appeals affirmed the judgment for the plaintiff on his complaint against a railway company for emotional injuries arising out of a train derailment due to a co-worker's negligenc