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  • Clifton v. The State

    Publication Date: 2018-06-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: William Clifton, Pelham, for appellant.
    for defendant: Stephen Bradley (District Attorney, Ocmulgee Judicial Circuit), Milledgeville; Daniel Cochran (Ocmulgee Judicial Circuit), Monticello, for appellee.
    Case Number: A18A0746

    The Court dismissed defendant's appeal from the order rejecting his motion to withdraw his guilty plea, finding that it lacked jurisdiction over the appeal.

  • Rounsaville v. State of Georgia

    Publication Date: 2018-06-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: C. Connelly, Jeffrey Connelly (Cook & Connelly LLC), Summerville, for appellant.
    for defendant: Herbert Franklin (District Attorney), Lafayette; Clayton Fuller (Lookout Mountain Judicial Circuit District Attorney), Lafayette, for appellee.
    Case Number: A18A0656

    Prosecution Failed to Satisfy Statutory Mandates for Scheduling Criminal Forfeiture Trials

  • Noble v. Noble

    Publication Date: 2018-06-21
    Practice Area: Evidence | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Meredith Lowry (Caldwell & Lowry), Thomaston, for appellant.
    for defendant: Lance Owen (Johnston Owen & Bullard LLP), Griffin, for appellee.
    Case Number: A18A0617

    Free College Tuition Was Not Fringe Benefit To Be Included in Party's Gross Income

  • SecureAlert, Inc. et al. v. Boggs et al.

    Publication Date: 2018-06-19
    Practice Area: Civil Procedure | Personal Injury | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Patrick Flynn (Attorney at Law), Albany, for appellant.
    for defendant: Joseph Durham (Lee Durham LLC), Albany; Rosser Malone (Malone Law Office), Atlanta; Sidney Moore (The Moore Law Firm P.C.), Atlanta, for appellee. Kovarious Price, Garden City; Demetrious Price, Reidsville; Grace Chapman, Albany; Richard Parker, Peachtree City; Erwin Warren, Albany; Sonya Bryant, Albany; George Donaldson, Misty Haskins (Perry & Walters LLP), Albany, for other party.
    Case Number: A18A0045

    The trial court erred in denying electronic pretrial release and monitoring service providers' motion to dismiss plaintiffs' wrongful death and personal injury action arising after two men whom providers were responsible for monitoring via ankle bracelets allegedly shot and killed another man, because O.C.G.A. § 17-6-1.1 (i) shielded providers from civil liability.

  • Amberfield Homeowners Association, Inc. v. Young et al.

    Publication Date: 2018-06-12
    Practice Area: Real Estate
    Industry: Entertainment and Leisure | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: George Welborn (Downey, Cleveland, Parker & Williams), Marietta; Joseph Atkins (Downey & Cleveland, LLP), Marietta, for appellant.
    for defendant: Randall Lipshutz (Lipshutz Greenblatt LLC), Tucker, for appellee.
    Case Number: A18A0391

    Homeowners Association Had Authority to Accept Easement Obligating All Members to Pay Dues to Nearby Swim and Tennis Club

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    Chester County Court Rules 2024

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  • McConnell et al. v. Georgia Department Of Labor

    Publication Date: 2018-06-06
    Practice Area: Civil Procedure | Class Actions | Privacy
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Jefferson Allen (Cohen, Cooper, Estep & Allen, LLC), Atlanta; Scott Schweber (Schweber Green Law Group), Atlanta, for appellant.
    for defendant: Christopher Carr, Samuel Olens (Attorney General), Atlanta; Kirsten Daughdril (Attorney at Law), Atlanta; Angela Cusimano (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A16A0655

    Suit Against State Agency For Inadvertent Disclosure of Private Information Not Barred By Sovereign Immunity

  • Wilkerson v. The State

    Publication Date: 2018-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Joseph Key (Miller & Key P.A.), McDonough, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Brittany Fallin (Upson County District Attorney's Office), Thomaston, for appellee.
    Case Number: A18A0035

    Defendant Who Caused Victim to Fall When He Tried to Physically Restrain Her Was Guilty of Aggravated Battery

  • Canelas v. The State

    Publication Date: 2018-05-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Eric Crawford (Crawford and Boyle LLC), Monroe, for appellant.
    for defendant: Rosanna Szabo (Solicitor-General), Lawrenceville; Samuel D'Entremont (Gwinnett County Solicitor-General's Office), Lawrenceville; Nicole Wong (Gwinnett County Solicitor's Office), Lawrenceville, for appellee.
    Case Number: A18A0764

    The Court affirmed defendant's convictions for DUI-less safe and DUI per se following a single-vehicle motorcycle crash but reversed his conviction for driving without a valid license, as the evidence did not support that conviction.

  • Soberanis v. The State

    Publication Date: 2018-05-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Brian Hobbs (Elwart & Hobbs), Marietta; Debra Jefferson (Attorney at Law), Lawrenceville; Jorge Soberanis, Jackson, for appellant.
    for defendant: Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Shannon Wallace (District Attorney), Canton, for appellee.
    Case Number: A17A1578

    Pro Se Defendant's Appeal Was Nullity Where He Was Still Represented by Counsel When He Filed Appeal

  • Handberry v. Stuckey Timberland, Inc.

    Publication Date: 2018-04-26
    Practice Area: Personal Injury | Premises Liability | Wrongful Death
    Industry: Agriculture | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Caleb Walker (Katherine L. McArthur, LLC), Macon; Katherine McArthur (McArthur Law Firm), Macon, for appellant.
    for defendant: Paul Fields, Gregory Mast (Fields Howell Athans & McLaughlin LLP), Atlanta; Brandon Oren (Jones Cork & Miller LLP), Macon; Kamber Burke (Fields Howell LLP), Atlanta, for appellant. Christopher Phillips (Hunter, Maclean, Exley & Dunn, PC.), Savannah, for amicus curiae.
    Case Number: A17A1944

    Property Lessor Was Immune from Liability to Lessee's Guest Who Entered Property for Hunting Purposes