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Publication Date: 2015-01-21
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Angela Coggins Public Defender's Office, Perry, for appellant.
for defendant: George Hartwig, District Attorney, Daniel Bibler, Deputy Chief Assistant District Attorney, and Daryl Manns, Assistant District Attorney, Perry, for appellee.
Case Number: A13A0444
The officer's command to the defendant to remove his hands from his pockets did not constitute a seizure, since the defendant did not submit to the officer's show of authority, instead choosing to f
Publication Date: 2015-01-21
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: John Christy Schreeder, Wheeler Flint, Atlanta, and Adam Hoipkemier Werner Law, Tucker, for appellant.
for defendant: Noel Cotney, John Wiles Wiles Wiles LLP, Marietta, Michael Malin, and Lonnie Moore, Hollywood, Calif., for appellee.
Case Number: A14A1697
The trial court abused its discretion in declining to consider circumstantial evidence regarding the authenticity of documents the defendant offered as evidence that the parties had orally agreed to
Publication Date: 2015-01-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Joseph King, Atlanta, for appellant.
for defendant: . Daniel Huff Huff, Powell Bailey LLC, and Camille Jarman The Jarman Firm PC, Atlanta, for appellees.
Case Number: A14A1625
The trial court did not abuse its discretion in denying the plaintiffs' application for a continuance based on the absence of their expert witness, as they could not represent to the trial court tha
Publication Date: 2015-01-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Michael King, Jonesboro, for appellant.
for defendant: Daniel J. Porter, District Attorney, and Drew Unger District Attorney's Office, Lawrenceville, for appellee.
Case Number: A14A1267
The State was not required to show that the controlled substance the defendant allegedly possessed fell specifically within Schedule V of the Georgia Controlled Substances Act as alleged in the indi
Publication Date: 2015-01-15
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: John Christy and Kelly Walsh Schreeder, Wheeler Flint LLP, Atlanta, for appellant.
for defendant: Melinda Agee Stites Harbison PLLC, Atlanta, for appellee. Other party representation: Jarrod Huey, Vruj Partnership LP, Atlanta, Satyajeet Patel, Arti Jagirdar, Dev Pooja, Gina Drozd, Arti Enterprises LLC, Shloak Investments LLC, Douglasville Medical Plaza LLC, Douglasville, Navinchandra Ruparelia, Urvish Group LLC, Mableton, Kamlesh Nayak, Mina Nayak, Asha Pandya, Smyrna, Rigat Abraha, Yacob Ghebremeskel, Marietta, and H. Pham, Powder Springs.
Case Number: A14A1905
The trial court did not abuse its discretion in granting the bank's motion for permission to resell certain property following the denial of its application for confirmation of the property's forecl
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Publication Date: 2015-01-13
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Nelson Tyrone, Darren Summerville, Sidney Moore Summerville Moore PC, Atlanta, Hunter Hillin Hillin Law, Mark Mueller, and Sean Lyons in Case No. A14A1428 only Mueller Law Offices, Austin, Texas, for Dempsey et al. Heather Saum, John Hall, W. Scott Henwood Hall, Booth, Smith Slover PC, Atlanta, Mark Wortham Hall, Booth, Smith PC, Columbus, and Steven Bristol in Case No. A14A1428 only Hall, Booth, Smith Slover PC, Brunswick, for Gwinnett Hosp.
for defendant:
Case Number: A14A1427; A14A1428
The medical malpractice plaintiff's expert witness, a certified nurse midwife, was qualified to testify on the standard of care applicable to the registered professional nurses whose conduct was at
Publication Date: 2015-01-12
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Tenise Cook, Peter Lublin, and Bret Chaness Rubin Lublin LLC, Norcross, for appellant.
for defendant: Maria Brunt, Stone Mountain, proceeded pro se. Other party representation: John Robinson, Decatur.
Case Number: A15A0349
Uniform Superior Court Rule 46 allows a trial court to appoint a special master in difficult cases to aid the discovery pr
Publication Date: 2014-11-14
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Michael Mills, Troy Kiber Michael A. Mills PC, and Sharon Rowen Rowen & Klonoski PC, Atlanta, for appellant.
for defendant: . Samuel S. Olens, Attorney General, Loretta Pinkston, Senior Assistant Attorney General, and Kirsten Daughdril Attorney General's Office, Atlanta, for appellee.
Case Number: A14A0910
The plaintiff failed to comply with the ante litem notice provisions of the GTCA because he did not specify the amount of the loss claimed in his wrongful death action, as required under O.C.G.A. §
Publication Date: 2014-11-13
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Patrick Jaugstetter Power & Jaugstetter PC, McDonough, for appellant.
for defendant: . Stephen Snow and Jennifer Bellis Bendin Sumrall & Ladner LLC, Atlanta, for appellee.
Case Number: A14A2017
An order confirming an arbitration award is not, itself, a "judgment"; the appellants' appeal was thus dismissed as prem
Publication Date: 2014-10-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Jess Johnson and Page Pate The Pate Law Firm LLC, Atlanta, for appellant.
for defendant: D. Victor Reynolds, District Attorney, John Melvin, Deputy Chief Assistant District Attorney, and Amelia G. Pray, Assistant District Attorney, Marietta, for appellee.
Case Number: A14A0885
The RICO defendant failed to show by a preponderance of the evidence that he lacked the financial resources to pay the ordered amount of $725K in restit
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