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  • Essien v. CitiMortgage Inc.

    Publication Date: 2016-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Grady Roberts Roberts Law LLC, Atlanta, for appellant.
    for defendant: Howell Hall, Brian Klein Pendergast Associates PC, Erin Howell, and Louis Fiorilla Burr Forman LLP, Atlanta, for appellees.
    Case Number: A16A0062

    The appeal from the grant of summary judgment to a bank and a law firm on the plaintiff's claim for wrongful foreclosure was frivolous, and the Court imposed sanctions against the plaintiff's co

  • Plantation Pipe Line Co. v. Stonewall Ins. Co.

    Publication Date: 2016-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Shattuck Ely Fellows La Briola LLP, Atlanta, and Thomas Bick Butzel Long PC, Washington, DC, for appellant.
    for defendant: Nanette Wesley Wesley Holladay LLC, Atlanta, Paula Wellons, and Deborah Tullis Taylor, Wellons, Politz Duhe APLC, New Orleans, LA, for appellee.
    Case Number: A15A1359

    Although the trial court properly found that the insured failed to comply with a notice provision in the excess liability insurance policy, such failure did not negate coverage under that policy bec

  • Kautz v. Powell

    Publication Date: 2016-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Zahra Karinshak Krevolin Horst LLC, Atlanta, Phyllis Miller, Lawrenceville, Kelly Kautz, Snellville, S. Lester Tate Akin Tate, Cartersville, for appellant.
    for defendant: Kathryn Whitlock Hawkins Parnell Thackston Young LLP, Elizabeth O'Neill MARTA Law Department, Atlanta, Jody Campbell Rubin Lublin LLC, Peachtree Corner, Anthony Powell, and Robert Wilson Webb, Tanner, Powell, Mertz Wilson LLP, Lawrenceville, for appellees.
    Case Number: A13A1963

    The mayor of Snellville had the authority to terminate the employment of the city attorney as incident to her power to appoint the city attorney for an otherwise indefinite period of

  • Tyner v. State

    Publication Date: 2016-01-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: James Bonner Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Julia Slater, District Attorney, and Robert Bickerstaff District Attorney's Office, Columbus, for appellee.
    Case Number: A15A1342

    The trial court deprived the defendant of his right to counsel at trial when it denied his request for counsel to resume his representation within minutes of granting the defendant's request to repr

  • Cole v. State

    Publication Date: 2015-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Thomas Florio, Jonesboro, for appellant.
    for defendant: Samuel S. Olens, Attorney General, and James Mooney Attorney General's Office, Atlanta, for appellee.
    Case Number: A15A1534

    The trial court erred in overruling the defendant's special demurrer because the range of dates the defendant allegedly committed the crimes, as set forth in the indictment, was overly

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Mikell v. Hortenstine

    Publication Date: 2015-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Joseph Drolet, Senior Assistant Attorney General, and Amy Radley Attorney General's Office, Atlanta, for appellant.
    for defendant: Kevin Chastine Chastine Defense Firm LLC, Atlanta, for appellee.
    Case Number: A15A1576

    The trial court erred in overturning the Department of Driver Services' decision to deny as untimely the petitioner's request for an administrative license suspension hearing pursuant to O.C.G.A. §

  • Cisneros v. State

    Publication Date: 2015-12-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Jennifer Hanson, Bruce Harvey, Kimberly Cornwell Law Office of Bruce S. Harvey, and Mark Yurachek, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Christopher Quinn, and Lisa Jones, Assistant District Attorneys, Lawrenceville, for appellee.
    Case Number: A15A1257

    The defendant's association with a gang that conducted home invasions using a modus operandi that was markedly similar to the home invasion at issue did not constitute evidence that he participated

  • Brown v. State

    Publication Date: 2015-12-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Gerard Kleinrock, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, and Anna G. Cross, Assistant District Attorney, Decatur, for appellee.
    Case Number: A15A1313

    The evidence supported a finding that the ant knew that the amount of methamphetamine found in a box at the scene of a single car accident involving the borrowed vehicle in which he and his co

  • Davis v. Brantley County Sch. Dist.

    Publication Date: 2015-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Walter Adams, Brunswick, for appellant.
    for defendant: Jordon Morrow Brannen, Searcy Smith, Savannah, for appellees.
    Case Number: A15A1420

    A question of fact remained as to whether the defendant, a county high school teacher/coach, was acting as a parent-volunteer or as a county employee when he assisted in an activity at his child's e

  • Gulia v. North Atlanta Bank

    Publication Date: 2015-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Richard Alembik, Decatur, for appellant.
    for defendant: . Mitchell Rosen Kitchens Kelley Gaynes PC, Atlanta, for appellee.
    Case Number: A15A1989

    Once a debtor has received notice of a confir proceeding in compliance with O.C.G.A. § 44-14-161 subsection c such that a valid proceeding is initiated, subsequent notices resetting the confi