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  • Bridges v. Collins-Hooten

    Publication Date: 2016-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: John Ayoub, John Mansour, Carolina Bryant Ayoub Mansour LLC, Atlanta, and M. Jeremy Lynch, Albany, for appellant.
    for defendant: . William Lee, Albany, and Robert Walker Jenkins Bowen PC, Cartersville, for appellees.
    Case Number: A16A1029

    A partially divided whole Court of Appeals reversed the order disbursing excess tax sale funds to the Georgia Department of Re

  • Grant v. Georgia Forestry Comm'n

    Publication Date: 2016-09-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Billy Jones and Carl Varnedoe Jones, Osteen Jones, Hinesville, for appellant.
    for defendant: . Robert Bunner, Assistant Attorney General, Atlanta, and Joseph Cowart in Case No. A16A0225 only, Solicitor General, Statesboro, for appellees.
    Case Number: A16A0224; A16A0225

    One defendant waived sovereign immunity under the Georgia Tort Claims Act in the plaintiff's wrongful death action arising out of an automobile collision that resulted in the deaths of the plaintiff

  • Anderson v. State

    Publication Date: 2016-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: A. James Rockefeller The Rockefeller Law Center, Warner Robins, for appellant.
    for defendant: George Hartwig, District Attorney, Marie Banks, and Kirby Wincey, Assistant District Attorneys, Perry, for appellee.
    Case Number: A16A0595

    The evidence sufficiently supported the defendant's conviction for trafficking in cocaine, as the evidence showed that the defendant was more than merely present near the cocaine and the jury was au

  • Trustgard Ins. Co. v. Herndon

    Publication Date: 2016-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: William Gray Law Office of Dan J. Colley, Duluth, for appellant.
    for defendant: Peter Schoenthaler Schoenthaler Law Group, Atlanta, Ansel Beacham, Samuel Lucas, Ivy Duggan, Delos Yancey Brinson, Askew, Berry, Seigler, Richardson Davis LLP, Rome, Richard Evins, Woodstock, and Norman Kinsman Baker, Kinsman, Hollis Clelland PC, Hixson, for appellees.
    Case Number: A16A0585; A16A0861

    The homeowner's insurance policy contained provisions excluding coverage for intentional acts and criminal acts, and the insurer was therefore not liable under the policy for a woman's injuries aris

  • Elder v. Hayes

    Publication Date: 2016-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: M. Steven Heath and Matthew Moseley Cowsert Avery LLP, Athens, for appellant.
    for defendant: Thomas Cuffie, Harold Spence, Cameron Hawkins The Cuffie Law Firm, Atlanta, and William Stiles, Smyrna, for appellees.
    Case Number: A16A0168

    The defendant was entitled to summary judgment in th ntiffs' negligence action arising out of a fatal automobile collision, because there was no evidence that the defendant proximately caused t

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • State v. Williams

    Publication Date: 2016-08-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Rosanna Szabo, Solicitor General, John Weitnauer, Assistant Solicitor General, and Nicole Wong Solicitor General's Office, Lawrenceville, for appellant.
    for defendant: Lance Tyler Tyler Law Firm, Suwanee, for appellee.
    Case Number: A16A0509

    The evidence supported the trial court's conclusion under the totality of the circumstances that the defendant lacked the capacity to consent to the State-administered blood test based upon his hig

  • In the Interest of J. M.

    Publication Date: 2016-08-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Diana Johnson, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Penny Hannah, Assistant Attorney General, Atlanta, and Justin Schneider, Marietta, for appellee. Other party representation: Cathy Lerow, Thomas Veach, and Charlotte Evans, Marietta.
    Case Number: A16A0612

    There was clear evidence supporting the juvenile court's findings that legitimation was not in the child's best interests and the denial of the father's legitimation pet

  • Sneed v. State

    Publication Date: 2016-08-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Teresa Doepke Public Defender's Office, Covington, for appellant.
    for defendant: Gerald Mason District Attorney's Office, Decatur, for appellee.
    Case Number: A16A0328

    The defendant failed to prove his ineffective assistance of counsel claims following his conviction for aggravated sexual battery against his girlfriend's dau

  • State v. Jung

    Publication Date: 2016-08-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Rosanna Szabo, Solicitor General, John Weitnauer, Assistant Solicitor General, and Nicole Wong Solicitor General's Office, Lawrenceville, for appellant.
    for defendant: T. Kevin Mooney and George Stein Stein Ward LLP, Atlanta, for appellee.
    Case Number: A16A0527

    The evidence supported the trial court's conclusion under the totality of the circumstances that the defendant lacked the capacity to consent to the State-administered breath test based upon his co

  • State v. Mantooth

    Publication Date: 2016-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Sherry Boston, Solicitor General, and Wystan Getz Solicitor General's Office, Decatur, for appellant.
    for defendant: Cindi Yeager, Marietta, for appellee. Amicus Curiae: Tracy G. Lawson, District Attorney, Jonesboro, Daniel J. Porter, District Attorney, Lawrenceville, Rebecca Grist, Solicitor General, Macon, Gary Bergman, Special Assistant District Attorney, Charles Olson, Robert Smith, and Charles Spahos Prosecuting Attorneys' Council of GA, Morrow.
    Case Number: A16A0256

    A criminal defendant does not have standing to object to a prosecuting attorney's decision to recuse himself or herself after the prosecutor has determined that he or she has an actual or potential