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  • 2010-1 SFG Venture LLC v. Lee Bank Trust Co.

    Publication Date: 2015-08-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Robert Alpert, Jeffrey Douglass, and Ryan Burke Morris, Manning Martin LLP, Atlanta, for appellant.
    for defendant: . William Shaughnessy and Aaron Kappler Thompson, O'Brien, Kemp Nasuti PC, Norcross, for appellee.
    Case Number: A15A0271

    Pursuant to a granted application for an interlocutory appeal, 2010-1 SFG Venture LLC and Milwaukee Hotel Owner LLC collectively Venture contend that the Superior Co

  • Parker v. Stone

    Publication Date: 2015-08-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Andrew Koplan, Atlanta, for appellant.
    for defendant: James Outman, Atlanta, for appellees.
    Case Number: A15A1223

    The Superior Court of Douglas County entered a decree of adoption of a child, eight-year-old A. S., by Richard and Anita Stone. Jeremi Parker appeals, contending that the superior court

  • Lee v. State

    Publication Date: 2015-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Jennifer Trieshmann Public Defender's Office, Carrollton, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Lori Canfield District Attorney's Office, Atlanta, for appellee.
    Case Number: A15A0312

    A Fulton County jury found Kevin Lee guilty of two counts of armed robbery, OCGA § 16-8-41; one count of aggravated assault with intent to rob, OCGA § 16-5-21 a 1 2007; and one count of possessio

  • Brown v. State

    Publication Date: 2015-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards Council, Decatur, for appellant.
    for defendant: Layla Zon, District Attorney, Covington, and Walter Howard District Attorney's Office, Monroe, for appellee.
    Case Number: A15A0328

    A Walton County jury found Isaac Brown guilty of aggravated assault, OCGA § 16-5-21 b 2; possession of a firearm during the commission of a crime, OCGA § 16-11-106 b 1; and possession of a firear

  • State v. Brown

    Publication Date: 2015-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and Paige R. Whitaker, Deputy District Attorney, Atlanta, for appellant.
    for defendant: Kristin Howell Public Defender's Office, David Jones King, King Jones PC, and Lawrence Korn Georgia Justice Project, Atlanta, for appellees.
    Case Number: A15A0456; A15A0457

    The Court vacated the judgments of acquittal in favor of the defendants because the trial court lacked jurisdiction to proceed with trial, as the State had filed an appeal from the trial court's sup

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Stearns Bank NA v. Mullins

    Publication Date: 2015-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Avery Jackson Tisinger Vance PC, Carrollton, Phillip Friduss, Ellen Ash Landrum Friduss LLC, Woodstock, and Phillip Landrum Landrum Landrum, Jasper, for appellant.
    for defendant: Scott McAlpine, Michael Flint Schreeder, Wheeler Flint LLP, Laura Broome, Shira Crittendon Freeman Mathis Gary LLP, Atlanta, and John Capo, Jasper, for appellee. Other party representation: Jeb Chatham, Ellijay, and Boyd Mullins, Jasper.
    Case Number: A15A0717

    Because the evidence showed that the parties intended to establish a perpetual or indefinite security interest in the real property conveyed to secure debts, the applicable reversion period was 20 y

  • Traylor v. State

    Publication Date: 2015-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Dell Jackson, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A15A0997

    The evidence supported the defendant's convictions for rape, aggravated sodomy and two counts of armed ro

  • Jones v. State

    Publication Date: 2015-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Leonard Parks, Gainesville, for appellant.
    for defendant: Stephanie Woodard, Solicitor General, and Daniel Sanmiguel Solicitor General's Office, Gainesville, for appellee.
    Case Number: A15A1142

    The State was not required to adduce evidence that the defendant actually committed an unsafe act while driving in order for the trial court to convict him of driving under the influence of a drug t

  • Spargo v. State

    Publication Date: 2015-07-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Lonnie Spargo, Nicholls, proceeded pro se. Joseph Mulholland, District Attorney, and Moruf Oseni District Attorney's Office, Bainbridge, for appellee.
    for defendant:
    Case Number: A15A1236

    The defendant's sentences of 20 years' imprisonment, consecutively, as to each of two child molestation convictions were void, since a person convicted of a sexual offense must receive a split sente

  • James v. Bank of Am. NA

    Publication Date: 2015-06-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Thomas Mondelli, Atlanta, for appellant.
    for defendant: Jarrod Mendel and Andrew Phillips McGuireWoods LLP, Atlanta, for appellees.
    Case Number: A14A2159

    The trial court erred in dismissing the plaintiff's claims for wrongful foreclosure and breach of contract arising from the foreclosure of real property that secured a promissory note, as the allega