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  • Olagbegi v. Hutto

    Publication Date: 2013-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Neville Francis, Atlanta, and Toby Morgan, Decatur, for appellant.
    for defendant: . Timothy Griffith, Sumter, S. C., for appellee.
    Case Number: A12A2496

    The plaintiff failed to meet his burden of presenting any competent evidence to show the amount of 401K retirement funds that he allegedly withdrew and applied towards his $158K obligation on the p

  • Howard v. Alegria

    Publication Date: 2013-03-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Kindu Walker, Charles Ragsdale, Christopher Reeves, MaryBeth Gibson and Austin Hemmer The Finley Firm PC, Atlanta, for appellant.
    for defendant: . W. Wright Gammon Gammon, Anderson & McFall, Cedartown, James Oxford, Greensboro, Joel Wooten, and Brandon Peak Butler, Wooten & Fryhofer LLP, Columbus, for appellee.
    Case Number: A12A1883

    The trial court properly imposed discovery sanctions in a negligence and personal injury case arising from a car accident, since the defendants' answers to interrogatories were knowingly false and w

  • Charter HR Inc. v. Perry

    Publication Date: 2013-03-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Eric Trivett and Anthony Adkins Speed Seta & Waters LLC, Lawrenceville, for appellant.
    for defendant: . Larry Hollington Hollington Brown LLP, Augusta, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Compensation, Atlanta.
    Case Number: A13A1044

    The judgment of the State Board of Workers' Compensation was reversed and remanded to the Board to effect the parties' settl agre

  • Georgia Farm Bureaus Mut. Ins. Co. v. Franks

    Publication Date: 2013-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Mark Dietrichs Swift Currie McGhee & Hiers, Atlanta, for appellant.
    for defendant: Albert Burkhalter and Crystal Polizzi, Rome, for appellee.
    Case Number: A12A2196

    Although the plaintiff's domestic partner was on the warranty deed as co-owner of the proper the plaintiff was the sole named insured, the plaintiff shared an undivided ownership of the prope

  • Smith v. State

    Publication Date: 2013-01-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Edward Silverbach The Silverbach Group LLC, Kennesaw, for appellant.
    for defendant: Paul Howard, District Attorney, and Arthur Walton, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A12A2032

    The trial court did not deny the defendant his right to be present at trial since he was present in the courtroom and there was no evidence that his absence from off-the-record, side-bar conferences

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Sutton v. State

    Publication Date: 2013-01-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Graham McKinnon, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, Lindsay Burton, Chief Assistant District Attorney, and Alison Toller, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A12A2223

    The trial court erred in finding that an officer's affidavit supporting a search warrant application was legally sufficient to establish probable

  • In the Interest of Jane Doe

    Publication Date: 2013-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Richard T. Tebeau III, Columbus, for appellant.
    for defendant: Other party representation: Lindsay B. Erwin Andress & Erwin, Phenix City, Ala.
    Case Number: A13A0963

    A 17-year-old girl's petition for a waiver of the parental notification required before having an abortion, pursuant to OCGA § 15-11-114 d, was granted as a matter of law and the juvenile court's su

  • White v. State

    Publication Date: 2013-01-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Kevin Armstrong, Assistant Public Defender, Albany, for appellant.
    for defendant: Gregory Edwards, District Attorney, Albany, for appellee.
    Case Number: A12A1985

    The evidence sufficiently supported the defendant's convictions for burglary, aggravated assault and two counts of second degree child cruelty after he broke into his ex-girlfriend's home and viciou

  • Jones v. State

    Publication Date: 2013-01-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Timika Dennis, McDonough, for appellant.
    for defendant: Charles Spahos, Solicitor General, and Brian Johnston, Assistant Solicitor General, McDonough, for appellee.
    Case Number: A12A1795

    The results of the defendant's state-administered breath test were admissible, despite the fact that the arresting officer only requested a blood test after reading the implied consent n

  • Russell v. State

    Publication Date: 2013-01-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Jennifer Trieshmann Public Defender's Office, Carrollton, for appellant.
    for defendant: Paul Howard, District Attorney, and David Getachew-Smith District Attorney's Office, Atlanta, for appellee.
    Case Number: A12A2343

    No evidence showed that the police influenced the victims' identification of the defendant out of three books containing a large number of mug shots as one of the individuals who robbed them of mone