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  • Samaca, LLC. v. Cellairis Franchise, Inc. et al.

    Publication Date: 2018-04-02
    Practice Area: Civil Procedure | Contractual Disputes | Dispute Resolution
    Industry: Technology Media and Telecom
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: David Martin (D.R. Martin, LLC), Atlanta, for appellant.
    for defendant: Jared Miller, Ronald Coleman, Justin Gunter (Parker Hudson Rainer & Dobbs LLP), Atlanta, for appellee. Cell Phone Mania, LLC (c/o OZ Aharon), North Miami Beach; Cell Phone Mania, LLC (c/o OZ Aharon), Davie, for other party.
    Case Number: A17A1715

    Agreement Regarding Specific Assignments and Assumptions Was Not Wholly Separate From Initial Purchase Agreement Containing Arbitration Clause

  • Murray-Obertein v. Georgia Government Transparency and Campaign Finance Commission

    Publication Date: 2018-03-27
    Practice Area: Employment Litigation | Whistleblower Laws
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Cheryl Legare (Legare, Attwood & Wolfe, LLC), Atlanta; Edward Buckley (Buckley & Klein, LLP), Atlanta, for appellant.
    for defendant: Alisa Cleek, Bryan Jacoutot (Taylor English Duma LLP), Atlanta, for appellee.
    Case Number: A17A1836

    The trial court properly granted commission's motion for summary judgment on former public employee's retaliation claim under the Georgia Whistleblower Act because it was undisputed that she was no longer an "employee" at the time of the purported retaliatory acts.

  • Winn v. The State

    Publication Date: 2018-03-26
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Michael Clark (Andy Clark Law, LLC), Atlanta, for appellant.
    for defendant: Amelia Pray (District Attorney's Office, Cobb Judicial Circuit), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.
    Case Number: A17A1550

    Evidence Was Sufficient to Establish Defendant's Constructive Possession of Gun and Drugs Found in His Room

  • Scott v. The State

    Publication Date: 2018-03-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Christopher Ramig (Assistant Public Defender), Fayetteville, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Christy Jindra (Attorney at Law Griffin Circuit District Attorney Office), Fayetteville; Brittany Fallin (Upson County District Attorney's Office), Thomaston, for appellee.
    Case Number: A17A1384

    Although the evidence supported defendant's conviction for criminal attempt to commit theft by taking after his employer accused him of falsifying an invoice, the trial court erred in entering a felony sentence on that conviction because there was insufficient evidence of a fiduciary relationship between defendant and his employer.

  • Pefinis v. The State

    Publication Date: 2018-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Michael Clark (Andy Clark Law, LLC), Atlanta, for appellant.
    for defendant: Brian Fortner (Douglas County District Attorney), Douglasville; Ryan Leonard (Assistant District Attorney), Douglasville; Sean Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: A17A1869

    The evidence supported defendant's convictions for one count of serious injury by vehicle and reckless driving after he caused an automobile collision and the trial court properly denied his motion for new trial based on his ineffective assistance of counsel claim.

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    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Leavins v. Nayan Corporation et al.

    Publication Date: 2018-03-01
    Practice Area: Personal Injury | Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: John Fleming (Reynolds Horne & Survant), Macon, for appellant.
    for defendant: Stephanie Glickauf (Goodman McGuffey LLP), Atlanta, for appellee.
    Case Number: A17A1431

    The trial court properly granted summary judgment to defendants in plaintiff's suit arising after she fell in a shower at defendants' hotel, as plaintiff failed to make the required showing that the bathtub presented an unreasonable risk.

  • Black et al. v. Nationstar Mortgage LLC. et al.

    Publication Date: 2018-01-25
    Practice Area: Civil Procedure | Contracts | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Martin Fierman (Attorney at Law), Madison, for appellant.
    for defendant: Steven Flynn, Kimberly Wright, Jennifer McCall, Jimmy Howell (McCalla Raymer Leibert Pierce LLC), Roswell, for appellee.
    Case Number: A17A1587

    The trial court properly granted summary judgment to mortgage companies on their complaint for declaratory judgment and equitable reformation, in which they sought to reverse a foreclosure, void the related deed under power and special warranty deed and reinstate the modified security deed to a first priority position.

  • MacMaster v. The State

    Publication Date: 2018-01-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Rafe Banks (Banks, Stubbs & McFarland, LLP), Cumming, for appellant.
    for defendant: William Finch (Solicitor General of Forsyth County), Cumming; Caroline Yi (Forsyth County Solicitor's Office), Cumming, for appellee.
    Case Number: A17A2083

    The trial court properly denied DUI defendant's motion in limine to exclude the admission of the results of the State-administered breath test, any evidence of her consent to the State-administered breath test and her refusal to take the Alco-Sensor test.

  • Adams v. The State

    Publication Date: 2018-01-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Samuel Sliger (McDonald & Cody, LLC), Cornelia, for appellant.
    for defendant: Stephanie Woodard (Solicitor General), Gainesville; Michael George (Hall County Solicitor General's Office), Gainesville, for appellee.
    Case Number: A17A1977

    In defendant's DUI trial, the trial court did not err in allowing State to introduce evidence of defendant's prior DUI arrest and evidence of an administrative license suspension stipulation in which the arresting officer and defense counsel agreed that defendant would enter a guilty plea to a DUI charge in the criminal case in exchange for the officer withdrawing his sworn report and suspending the license suspension proceeding.

  • In The Interest Of M. I., a child.

    Publication Date: 2018-01-08
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Laurie Thomas (Attorney at Law), Savannah, for appellant.
    for defendant: Calandra Harps (Assistant Attorney General), Atlanta; Christopher Carr (Attorney General), Shalen Nelson (Senior Assistant Attorney General), Atlanta; Jerry Thacker (Attorney at Law), Conyers, for appellee. Erica Wilson (The Law Office of Erica Wilson), Atlanta, for other party.
    Case Number: A17A2000

    In a child dependency proceeding, the trial court erred in denying child's motion for new trial without conducting a hearing and the Court thus vacated the judgment finding that there was not probable cause to believe the child was dependent and remanded for the trial court to conduct a hearing on the motion.