• Nelson v. Georgia Sheriffs Youth Homes Inc.

    Publication Date: 2013-11-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Jackie G. Patterson Patterson Firm LLC, Atlanta, for appellant.
    for defendant: . Daniel W. Lee, LaGrange, for appellees.

    Case Number: S13A0855

    When a demand for a jury trial is filed in a quiet title action before the special master holds a hearing, the trial court has jurisdiction to proceed to trial or to grant a summary judgment m

  • Rigby v. Boatright

    Publication Date: 2013-11-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Kenneth E. Futch Jr. The Futch Law Firm, Waycross, for appellant.
    for defendant: . James L. Roberts IV Roberts Tate LLC, St. Simons Island, for appellees.

    Case Number: S13A0908

    The remedy of a writ of mandamus was not available to the plaintiff, who sought to compel the defendant electric membership corporation's elections committee to approve his petition for nomination a

  • Rai v. Reid

    Publication Date: 2013-11-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: William G. Quinn III Willis & Quinn PC, Decatur, for appellant.
    for defendant: Fredric Chaiken Chaiken Klorfein LLC, Atlanta, Jonathan R. Brockman, Cumming, Thomas D. Harper, Marietta, Donna M. Krusbe, John B. Moores, and Eric P. Czelusta Billing, Cochran, Lyles, Mauro & Ramsey PA, West Palm Beach, Fla., for appellees.

    Case Number: S13A1073

    The plaintiff's claim on behalf of the victim's estate for pain and suffering was time-barred as outside the 2-year statute of limitation for personal injury actions, and the running of the limitati

  • Ensley v. State

    Publication Date: 2013-11-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Lora M. Alsher Public Defender's Office, Cartersville, for appellant.
    for defendant: Barbara A. Sosebee, District Attorney, Ellijay, Rita B. Lewis, Chief Assistant District Attorney, Blue Ridge, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S13A1219

    Sentences on two separate firearms offenses were vacated, since those possession charges involved the same v

  • Roper v. Greenway

    Publication Date: 2013-11-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Kenneth E. Jarrard Jarrard & Davis LLP, Cumming, for appellant.
    for defendant: Rodney W. Hood, Matthew P. Lazarus Scrudder, Bass, Quillian, Horlock, Taylor & Lazarus LLP, William D. Temple Sr., General Counsel Temple, Strickland, Dinges & Schwartz, Atlanta, and Robert P. McFarland Sr. McFarland & McFarland PC, Cumming, for appellee.

    Case Number: S12G2030

    The decision to act cannot be parsed from the act itself, with official immunity provided to one of the resulting bifurcations but not the

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  • Johnson v. Omondi

    Publication Date: 2013-11-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Roderick E. Edmond, Keith L. Lindsay Edmond & Lindsay LLP, Sidney L. Moore III, and James D. Summerville Summerville Moore PC, Atlanta, for appellant.
    for defendant: . Jeffrey D. Braintwain, Michael G. Frankson, and Randolph P. Powell Jr. Huff, Powell & Bailey LLC, Atlanta, for appellees. Amicus Appellee: Hunter S. Allen Jr., Simuel F. Doster Jr. Allen, McCain & O'Mahony PC, Henry D. Green Jr. Green & Sapp LLP, Theodore B. Eichelberger, Bernard Taylor, Joshua L. Becker Alston & Bird LLP, Paul E. Weathington, Paul I. Hotchkiss Weathington Smith PC, Gretchen H. Wagner, Derrick L. Bingham, and David V. Hayes Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta.

    Case Number: S13G0553

    The def emergency room physician was not entitled to summary judgment in the plaintiff's medical malpractice case, as a reasonable jury could find by clear and convincing evidence that the de

  • Johnson v. Fitzgerald

    Publication Date: 2013-11-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Thomas M. Strickland, Watkinsville, for appellant.
    for defendant: . William S. Cowsert Cowsert & Avery LLP, Athens, for appellee.

    Case Number: S13A0762

    The trial court properly admitted a copy of the testator's will to probate in solemn form, as the jury was authorized to find by a preponderance of the evidence that the propounder rebutted the pres

  • Kipp v. State

    Publication Date: 2013-11-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Travis A. Williams and H. Bradford Morris Jr. Public Defender's Office, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, Kelley M. Robertson, Lindsay H. Burton, Assistant District Attorneys, Gainesville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S13A1251

    The trial court erred in sentencing the defendant on each of four felony murder counts related to the death of her 18-month-old daughter, since the prohibition against double jeopardy does not permi

  • Phelps v. State

    Publication Date: 2013-10-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: John G. Edwards, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Jessica W. Clark, Assistant District Attorney, Valdosta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.

    Case Number: S13A1294

    The trial court amply determined that a factual basis existed for the defendant's guilty pleas to the felony murder of one victim and the aggravated assault of an

  • Williams v. State

    Publication Date: 2013-10-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: David E. Morgan III, Abbeville, for appellant.
    for defendant: Denise D. Fachini, District Attorney, Bradford L. Rigby, Assistant District Attorney, Cordele, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S13A1004

    The defendant admitted t was in the apartment when his co-defendant shot the co-defendant's uncle, t told his co-defendant to shoot the victim again ' "to put him out of his misery," '