• Liberty Cap. LLC v. First Chatham Bank

    Publication Date: 2016-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: William Collins, Maud Pinter, and James Fletcher Smith, Collins Fletcher PA, Atlanta, for appellant.
    for defendant: . Todd Baiad, Andrew Dekle Bouhan Falligant LLP, and William Glass Weiner, Shearouse, Weitz, Greenberg Shaw, Savannah, for appellee.

    Case Number: A16A0094

    The trial court erred in granting summary judgment to the bank on its claim for specific performance, because the bank failed to show that there was no genuine issue of material fact as to the adeq

  • Nateghi v. Beauford Props. LLC

    Publication Date: 2016-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: William Collins and Maud Pinter Smith, Collins Fletcher PA, Atlanta, for appellant.
    for defendant: Brian Daughdrill, Mary Giacoma, Kristofer Schleicher Giacoma Schleicher Roberts Daughdrill LLC, and James Gober Arnall Golden Gregory LLP, Atlanta, for appellees.

    Case Number: A16A0374

    The evidence was legally insufficient for the defendant to recover lost profits as an element of damages caused by the plaintiff-tenant's wrongful occupancy of the property, as the defendant failed

  • RTT Assocs. Inc. v. Georgia Dep't of Labor

    Publication Date: 2016-08-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Christopher Anulewicz and Joshua Moore Balch Bingham LLP, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Julie Jacobs, Brittany Bolton Attorney General's Office, and Elizabeth Harris Georgia Department of Banking and Finance, Atlanta, for appellee.

    Case Number: A15A0792

    Sovereign immunity barred the plaintiff's breach of contract action against a state agency, because the written contract between the parties had expired, the alleged amendment extending the contract

  • McConnell v. Department of Labor

    Publication Date: 2016-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Jefferson Allen and Scott Schweber Cohen, Cooper, Estep Allen, Atlanta, for appellant.
    for defendant: . Samuel S. Olens, Attorney General, Kirsten Daughdril, and Angela Cusimano Attorney General's Office, Atlanta, for appellee.

    Case Number: A16A0655

    The plaintiff's complaint against the Georgia Department of Labor asserting claims for negligence in disclosing personal information, invasion of privacy public disclosure of private facts and breac

  • Fuciarelli v. McKinney

    Publication Date: 2016-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: David Hornsby and Graham Scofield Hornsby Law Group, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Annette Cowart, and Christopher McGraw, Senior Assistant Attorneys General, Atlanta, for appellees.

    Case Number: A15A0223

    The trial court properly dismissed the plaintiff's claims against government defendants in their individual capacities based on the plaintiff's failure to obtain the Attorney General's approval prio

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    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Harper v. State

    Publication Date: 2016-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Genevieve Holmes Georgia Public Defender Council, Atlanta, for appellant.
    for defendant: Peter Skandalakis, District Attorney, LaGrange, and John Cranford District Attorney's Office, Newnan, for appellee.

    Case Number: A16A0471

    The evidence supported the defendant's convictions for three counts of making a terroristic threat and one count of interference with government property after he threatened to kill detention offic

  • Bloom v. Camp

    Publication Date: 2016-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: James Kane and Jill Johnson Chamberlain, Hrdlicka, White, Williams Aughtry, Atlanta, for appellant.
    for defendant: Charles Black Bannister Black, Austell, for appellee.

    Case Number: A16A0066

    There was sufficient evidence to support the jury's verdict against the defendant on the plaintiff's claim for fraudulent tra

  • Marlow v. State

    Publication Date: 2016-06-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Matthew Leipold, Travis Williams, and Larry Duttweiler Public Defender's Office, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, and Jennifer Bagwell, Assistant District Attorney, Gainesville, for appellee.

    Case Number: A16A0573

    Extrinsic evidence that the defendant had previously committed an assault similar to the one for which he was on trial had the tendency to bolster the victim's credibility by demonstrating that her

  • Mayor City Council of the City of Richmond Hill v. Maia

    Publication Date: 2016-06-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Patrick O'Connor, Benjamin Perkins Oliver Maner LLP, Savannah, and Ray Smith, Richmond Hill, for appellant.
    for defendant: . Billy Jones and Carl Varnedoe Jones, Osteen Jones, Hinesville, for appellees.

    Case Number: A15A2334

    The trial court erred in denying the defendants' motion for summary judgment on the plaintiff's claims for intentional infliction of emotional distress, invasion of privacy and pain and suffering ar

  • West Asset Mgmt. Inc. v. NW Parkway LLC

    Publication Date: 2016-06-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: M. Jerome Elmore, Timothy Rigsbee Bondurant, Mixson Elmore, and Michael Caplan Caplan Cobb LLP, Atlanta, for West Asset Mgmt. Inc.. Roy Barnes and John Salter The Barnes Law Group LLC, Marietta, for NW Parkway LLC.
    for defendant:

    Case Number: A15A1830; A15A1831

    The Court partially reversed the trial court's summary judgment rulings in a suit arising out of the alleged breach of a 20-year commercial property lease agre