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  • Kothari v. Tessfaye

    Publication Date: 2012-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: J. Bertram Levy Fine & Block Attorneys, Atlanta, for appellant.
    for defendant: . Samira J. Martin Jones Martin LLC, Atlanta, for appellees.
    Case Number: A12A1106

    The trial court erred in ruling that the parties' consent judgment was void due to impossibility of performance and to lack of mutuality, as the consent judgment could not be void under OCGA § 9-12-

  • State v. Wilson

    Publication Date: 2012-10-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: George Hartwig, District Attorney, and Erikka Williams, Chief Assistant District Attorney, Perry, for appellant.
    for defendant: Nicholas White, Public Defender, and Angela Coggins Public Defender's Office, Perry, for appellee.
    Case Number: A12A1122

    The trial court lacked authority to quash the indictment based solely upon problems with the form of the indictment, as defense counsel failed to timely file a written special dem

  • Slade v. Butler

    Publication Date: 2012-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Kimberly Charles Atlanta Legal Aid Society Inc. and David Webster, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Kimberly Lewis, Assistant Attorney General, and Michael Walker Atlanta Independent School System, Atlanta, for appellees.
    Case Number: A12A1459

    The Atlanta Public School System failed to show that a fired bus driver was disqualified from receiving unemployment benefits based on her deliberate violation of safety policies because the polici

  • Mahone v. State

    Publication Date: 2012-09-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A1280

    The record of the hearing on the ant's motion to withdraw his guilty plea created the appearance that the judge believed he did not need to consider the merits of the motion simply because the

  • Kesterson v. Jarrett

    Publication Date: 2012-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Charles Mathis The Mathis Law Firm, and David Walbert Parks, Chesin, Walbert & Miller PC, Atlanta, for appellant.
    for defendant: . Thomas Carlock, Eric Frisch Carlock, Copeland & Stair LLP, Atlanta, Weymon Forrester Forrester & Brim, Gainesville, and Andrew Marshall Begnaud & Marshall LLP, Athens, for appellees.
    Case Number: A10A1452

    A party may not be denied the right to be present in court based solely on the risk that her physical or mental condition may generate improper sympathy, even if that condition prevents them from a

  • 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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  • Day v. State

    Publication Date: 2012-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Theodore Cassert Fox, Chandler, Homans, Hicks & McKinnon LLP, Gainesville, and Steven Miller, Summerville, for appellant.
    for defendant: Lee Darragh, District Attorney, and Wanda Vance, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A12A1464

    The state proved venue in Hall c through evidence showing that the defendant seized the victim, held her against her will, and transported her in his vehicle while in Hall c

  • Williams v. State

    Publication Date: 2012-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Jennifer Burns Public Defender's Office and Falen Cox Georgia Public Defender Standards Council, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, and Nancy Brimberry, Assistant District Attorney, Savannah, for appellee.
    Case Number: A12A1623

    The defendant did not sufficiently show that missing physical evidence warranted a continuance or a mis

  • Boynton v. State

    Publication Date: 2012-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Thomas Flournoy Worthington & Flournoy PC, Columbus, for appellant.
    for defendant: Julia A. Slater, District Attorney, and David Helmick, Assistant District Attorney, Columbus, for appellee.
    Case Number: A12A1492

    Evidence of a similar attempted robbery was admissible to prove the defendant's course of conduct, since both incidents involved the defendant forcibly entering another's residence, in Columbus, whi

  • In re Estate of Estes

    Publication Date: 2012-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Ralph Goldberg and Laurene Cuvillier Goldberg & Cuvillier PC, Decatur, for appellant.
    for defendant: John Tomlinson, Loganville, for appellee.
    Case Number: A12A1246

    An attorney's lien prevented a former client from receiving any money from an estate administration in which the attorney represented the client until the lien or claim for fees was fully sati

  • Tallahassee State Bank v. Macon

    Publication Date: 2012-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: William Tucker, Thomas Gristina Page, Scrantom, Sprouse, Tucker & Ford PC, Columbus, and Joshua Bell, Whigham, for appellant.
    for defendant: John Webb, Stockbridge, for appellees. Other party representation: Frederick Bateman, Tallahassee, Fla.
    Case Number: A12A0203

    The subordination clause in the plaintiffs' real estate sales agreement merged into their security deed and was extingu