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  • Harris v. The State

    Publication Date: 2018-04-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Edwin Wilson (Attorney at Law), Snellville, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Lee Tittsworth (Gwinnett Circuit District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A18A0513

    Defendant failed to prove his ineffective assistance of counsel claims following his convictions for criminal attempt to commit armed robbery, entering an auto with intent to commit theft and three counts of armed robbery.

  • Ray v. State

    Publication Date: 2018-04-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Amanda Speights, Benjamin Huntington (Speights Law PC), Canton; Scott Poole (Grisham & Poole, PC), Canton, for appellant.
    for defendant: Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Shannon Wallace (District Attorney), Canton, for appellee.
    Case Number: A18A0333

    The Court vacated the denial of defendant's motion for new trial following his convictions for rape and two counts of sexual battery and remanded for further proceedings to determine if he was entitled to a new trial based on ineffective assistance of counsel and the exclusion of certain evidence.

  • Smith v. The State

    Publication Date: 2018-04-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Jackie Patterson (Attorney at Law), Atlanta, for appellant.
    for defendant: Jamie Inagawa (Fayette County Solicitor-General), Fayetteville; Joseph Myers (Chief Assistant Solicitor), Fayetteville, for appellee.
    Case Number: A18A0800

    The Court reversed defendant's conviction for DUI-less safe because State failed to prove venue beyond a reasonable doubt.

  • Coleman v. United Health Services Of Georgia, Inc. et al.

    Publication Date: 2018-03-29
    Practice Area: Contractual Disputes | Dispute Resolution | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Douglas Chaffin (McHugh Fuller Law Group), Hattiesburg, for appellant.
    for defendant: John Hood (Wellstar Health System Inc), Marietta; Jeffrey Braintwain, Brian Mathis, Christian Dennis, Emaly Arndt (Huff Powell Bailey, LLC), Atlanta; Jason Bring, Alexander Foster (Arnall Golden Gregory LLP), Atlanta, for appellee.
    Case Number: A18A0358

    Advance Directive For Health Care Did Not Authorize Representative to Sign Nursing Home's Arbitration Agreement

  • Khimani v. Ruppenthal

    Publication Date: 2018-03-29
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Richard Lindsey (Lindsey Law Firm PC), Peachtree City; Heather Ryfa (Georgia Attorney General's Office), Atlanta, for appellant.
    for defendant: John Beck (Lawson & Beck, LLC), Peachtree City, for appellee. J. Crowley (Bush, Crowley & Leverett), Macon; First GA Community Bank (c/o Arthur Hammond), Jackson; Sikandar Nathani, Fayetteville, for other party.
    Case Number: A18A0236

    Co-tenant of Real Property Was Entitled To Equitable Partition and Accounting

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    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • In The Interest Of J. N., A Child.

    Publication Date: 2018-03-01
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Aaron O'Brien (Thompson O'Brien), Norcross, for appellant.
    for defendant: Tara-Anne Canada (Guardian Ad Litem/Attorney), Lawrenceville; Deana Spencer (Spencer Law, LLC), Lawrenceville, for appellee. Christopher Carr (Attorney General), Atlanta; Penny Hannah (Assistant Attorney General), Atlanta; Shalen Nelson (Senior Assistant Attorney General), Atlanta; Debra Hale (Attorney at Law), Lawrenceville; Kristin Jahn (Special Assistant Attorney General), Atlanta, for other party.
    Case Number: A18A0256

    The trial court erred in granting a child's Guardian Ad Litem a blanket protective order over the GAL's entire file in a dependency action without considering the contents of the file.

  • Anderson v. Lewis, et al.

    Publication Date: 2018-01-11
    Practice Area: Civil Procedure | Motor Vehicle Torts | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Allen Bodiford (Attorney at Law), Stockbridge, for appellant.
    for defendant: Russell Davis, Michael Patterson (Downey & Cleveland, LLP), Marietta, for appellee. Ashley Howard (Lynn Leonard & Associates), Atlanta, for other party.
    Case Number: A17A1898

    In an automobile accident case, the dismissal of one defendant due to plaintiff's failure to perfect service on him did not constitute an adjudication on the merits and provided no basis for granting summary judgment for the other defendant, the first defendant's grandfather, as the dismissal was not fatal to the derivative liability claim under the family purpose doctrine.

  • Conwell v. The State

    Publication Date: 2017-12-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Loudon Conwell, Unadilla, for appellant.
    for defendant: Robert James (District Attorney), Decatur; Deborah Wellborn (Assistant District Attorney), Decatur, for appellee.
    Case Number: A17A2068

    Although the trial court properly determined defendant's recidivist status when it sentenced him following his convictions for aggravated assault with intent to rape, two counts of false imprisonment and rape, the sentence the trial court entered was illegal because it did not include a split sentence on the aggravated assault with intent to rape conviction in accordance with O.C.G.A. § 17-10-6.2 subsection (b).

  • Watson Used Cars, LLC v. Kirkland et al

    Publication Date: 2017-10-17
    Practice Area: Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Eric Gay (Law Office of Eric L. Gay, LLC), Bainbridge; Joshua Canton (Attorney at Law), Tallahassee, for appellant.
    for defendant: Rosser Malone, Robert Register (Malone Law Office), Atlanta; Sidney Moore (The Moore Law Firm, P.C.), Atlanta, for appellee. Todd Handelman, Jenifer Cummings (Ross, Burriss & Handelman, LLC), Albany, for other party.
    Case Number: A17A1771

    The trial court erred in denying defendant's motion for summary judgment in sheriff's deputy's suit to recover for injuries he sustained in an automobile collision while on duty because the Fireman's Rule applied and precluded recovery.

  • Georgia Department Of Public Safety v. Johnson

    Publication Date: 2017-10-17
    Practice Area: Civil Appeals
    Industry:
    Court: Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Robert Bunner (Assistant Attorney General), Atlanta; Matthew Dowling (State of Georgia Department of Law), Atlanta; Christopher Carr (Attorney General), Atlanta; Kathleen Pacious (Deputy Attorney General), Atlanta; Loretta Pinkston-Pope (Senior Assistant Attorney General), Atlanta, for appellant.
    for defendant: John Spurlin (Spurlin & McCorvey), Tifton, for appellee.
    Case Number: A17A0958

    The trial court erred in deferring its ruling a motion to dismiss based on sovereign immunity until trial on the merits, because the factors controlling the trial court's exercise of discretion under O.C.G.A. 9-11-12 subsection (d) were clearly balanced in favor of prompt pre-trial determination of the motion.