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Publication Date: 2012-12-19
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Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: George Sparks, Assistant Public Defender, Dalton, for appellant.
for defendant: Herbert Poston, District Attorney, Dalton, and Barry Minter, Assistant District Attorney, Chatsworth, for appellee.
Case Number: A12A2113; A12A2114
The Court could not ascertain the true basis for the revocation of the defendant's probation given the discrepancies among the allegations in the petition, the trial court's oral announcement of its
Publication Date: 2012-12-19
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Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: James Penland, Atlanta, for appellant.
for defendant: Jeremy Attaway and Jonathan Alderman Anderson Walker & Reichert LLP, Macon, for appellee.
Case Number: A12A1748
The trial court erred in dismissing the defendant's defensive plea for failure to appear because he did not receive notice of the procee
Publication Date: 2012-12-17
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Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Mary Erickson, Atlanta, and Donna Seagraves, Jefferson, for appellant.
for defendant: James Smith, District Attorney, Winder, and Samuel Skelton, Assistant District Attorney, Homer, for appellee.
Case Number: A12A2052
The trial court erred in charging the defendant with four counts of being a felon in possession of a firearm, as the record showed that the four counts only pertained to two fir
Publication Date: 2012-12-17
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Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Stephanie Mason and Janine Carson Public Defender's Office, Atlanta, for appellant.
for defendant: Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, and Leslie Abbott, Special Assistant Attorney General, Atlanta, for appellee. Other party representation: Deidre' Kirkland, Atlanta.
Case Number: A12A1769
The juvenile court's subsequent, unappealed deprivation and custody judgments rendered moot the mother's appeal from the court's deprivation fi
Publication Date: 2012-12-17
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Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Ali-Reza Ghanouni, Canton, for appellant.
for defendant: Garry Moss, District Attorney, Cliff Head, and Jay Wall, Assistant District Attorneys, Canton, for appellee.
Case Number: A12A1752
The juvenile's delinquent act of public indecency did not constitute an act which, if committed by an adult, would be punishable either as a felony or a misdemeanor of a high and aggravated nature i
Law Journal Press | Digital Book
Authors: SHARI L. KLEVENS, ALANNA G. CLAIR
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Publication Date: 2012-12-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff:
for defendant:
Case Number: A10A1955; A10A1956
The owners of a planned resid development were entitled to summary judgment in a premises liability suit arising from a fatal alligator attack because the victim had equal knowledge of the po
Publication Date: 2012-12-03
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Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Reginald Williamson Kilpatrick Stockton LLP, Atlanta, for appellant.
for defendant: Matthew Jones, Chad Reed, and Nicole Burgess Busch & Reed, Marietta, for appellee. Other party representation: Henry Quillian Taylor English Duma LLP, Brenda Orrison Porter & Barrett, Atlanta, and Thaddeus Dedmon, Jasper, proceeded pro se.
Case Number: A12A1045
A question remained as to whether a subcontractor and another named company were the same business entity for the purpose of bonds on a subcontract to perform work for the construction of fraternity
Publication Date: 2012-11-26
Practice Area:
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Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Thomas E. Lavender III and Brantley C. Rowlen Lewis Brisbois Bisgaard & Smith LLP, Atlanta, for appellant.
for defendant: . Michael A. Prieto, Robert W. Lamb Perrotta Cahn & Prieto PC, Cartersville, J. Darren Summerville, Sidney L. Moore III Summerville Moore PC, and Andrew E. Goldner, Atlanta, for appellees. Other party representation: Derrick Bingham Owen Gleaton Egan Jones & Sweeney LLP and Erin Kendall Arnall Golden Gregory LLP, Atlanta. Amicus Curiae: Traci Courville Oates & Courville, Columbus.
Case Number: A12A0892
The trial court properly denied defendant nursing home owner and home health care company's joint motion for a qualified protective order that would have allowed their attorneys to conduct ex parte
Publication Date: 2012-11-19
Practice Area:
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Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Donald Stack and Jennifer Culler Stack & Assocs. PC, Atlanta, for appellant.
for defendant: . Samuel S. Olens, Attorney General, Isaac Byrd, Deputy Attorney General, James D. Coots, Senior Assistant Attorney General, and John E. Hennelly, Assistant Attorney General, Atlanta, for appellees.
Case Number: A12A1059
The petitioner's claim for injunctive relief did not run afoul of sovereign immunity because appellate courts recognize an exception to sovereign immunity when a party seeks injunctive relief agains
Publication Date: 2012-11-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Raymond Humphrey Johnson & Freeman LLC, Union City, for appellant.
for defendant: . Jeffrey Horst Krevolin & Horst LLC, Atlanta, for appellees.
Case Number: A12A1185
The trial court properly confirmed the arbitration award in a dispute arising after the plaintiffs purchased two UPS Store franchises from the defen
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