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  • Hall County Bd. of Tax Assessors v. Northeast Ga. Health Sys. Inc.

    Publication Date: 2012-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Nancy Richardson, Frank Armstrong and Rustin Smith Stewart Melvin & Frost LLP, Gainesville, for appellant.
    for defendant: Madeline Wirt Whelchel, Dunlap, Jarrard & Walker LLP, Gainesville, for appellee.
    Case Number: A12A1508

    The superior court was prohibited from addressing issues that the plaintiff had failed to litigate in the underlying administrative proce

  • Legacy Communities Group Inc. v. Branch Banking & Trust Co.

    Publication Date: 2012-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Steven M. Kushner, Eugenia W. Iredale Fellows LaBriola LLP and John K. Larkins Jr. Chilivis, Cochran, Larkins & Bever, Atlanta, for appellant.
    for defendant: . Jennifer B. Moore, Mark G. Trigg and Lee B. Hart Greenberg Traurig LLP, for appellee. Other party representation: Kevin A. Maxim The Maxim Law Firm PC, Simon H. Bloom, Stephanie A. Everett The Bloom Sugarman Everett LLP, John D. Dalbey and Brian F. McEvoy Chilivis, Cochran, Larkins & Bever, Atlanta.
    Case Number: A11A0696

    A pr to answer for another's debt under the Statute of Frauds is only enforceable against a promisor if it identifies the debt, the principal debtor and the pr

  • In the Interest of R. H.

    Publication Date: 2012-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Randee Waldman Barton Juvenile Defender Clinic, Atlanta, for appellant.
    for defendant: Robert James, District Attorney, Diana Kovach and Cynthia Zurawsky, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A12A1446

    The juvenile court erred in setting the restitution amount by approximation, rather than by a proper opinion of the value of the

  • Yang v. Smith

    Publication Date: 2012-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A0014

    The expert witness applied a scientifically reliable method— differential diagnosis—to the evi

  • Smith v. State

    Publication Date: 2012-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Walker Chandler Public Defender's Office, Fayetteville, for appellant.
    for defendant: Scott Ballard, District Attorney, Thomaston, Robert Smith, Assistant District Attorney Fayette County Justice Center and David Younker District Attorney's Office, Fayetteville, for appellee.
    Case Number: A12A1565

    The evidence supported the jury's conclusion that the defendant was in joint, constructive possession of the drugs found in the rental car that she was dr