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  • Ngo v. The State

    Publication Date: 2018-03-23
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Scott Semrau (Attorney at Law), Phu Ngo (Calhoun State Prison), Morgan, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Anthony Volkodav (Assistant District Attorney), Lawrenceville, for appellee.
    Case Number: A17A1846

    Trial Court Erred in Neither Providing Counsel to Defendant Who Sought to Withdraw Plea Nor Inquiring Whether He Had Waived Counsel

  • Cherry v. The State

    Publication Date: 2018-03-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Rafe Banks (Banks, Stubbs & McFarland, LLP), Cumming, for appellant.
    for defendant: William Finch (Solicitor General of Forsyth County), Cumming; Jeffrey Huong (Forsyth County Solicitor General Office), Cumming, for appellee.
    Case Number: A17A2085

    The trial court properly admitted evidence of defendant's refusal to submit to breath testing and evidence of his horizontal gaze nystagmus test in his trial for DUI.

  • Roberts et al. v. Mulkey et al.

    Publication Date: 2018-02-09
    Practice Area: Government | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Kam, Ebersbach & Lewis, Brian D. Lewis, Randy J. Ebersbach, for appellants.
    for defendant: Owen Gleaton Egan Jones & Sweeney, W. Seaborn Jones, Derrick L. Bingham, for appellees.
    Case Number: A17A1324

    In plaintiffs' personal injury suit, the trial court erred in granting summary judgment to defendant on the basis of official immunity because defendant negligently failed to perform a ministerial act and official immunity thus did not bar the suit.

  • Great Water Lanier, LLC v. Summer Crest At Four Seasons On Lanier Homeowners Association, Inc.

    Publication Date: 2018-01-19
    Practice Area: Contracts | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Tom Pye (Attorney at Law), Norcross, for appellant.
    for defendant: Jason LoMonaco (Nowack Howard, LLC), Atlanta, for appellee.
    Case Number: A17A1810

    Homeowners Association was entitled to summary judgment in landowner's action seeking a declaratory judgment that its land was not burdened by the declaration of covenants applicable to the subdivision, because landowner accepted a deed that unambiguously conveyed the land subject to the declaration of covenants, and, by doing so, voluntarily consented to be bound by such covenants.

  • Bishop v. Goins et al.

    Publication Date: 2018-01-18
    Practice Area: Attorney Rates and Arrangements | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: William Turner (Turner & Lawrence, P.C.), Jackson, for appellant.
    for defendant: Hays McQueen (Jones Cork & Miller LLP), Macon, for appellee.
    Case Number: A17A2058

    The trial court was authorized to award plaintiffs attorney fees after they successfully petitioned the superior court for stalking protective orders against defendants and defendants unsuccessfully appealed, as O.C.G.A. § 16-5-94 (d) (3) authorizes such awards in connection with appellate proceedings.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Sanchez v. Carter et al.

    Publication Date: 2017-11-03
    Practice Area: Attorney Compensation
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Robert Hendrix (Attorney at Law), Columbus; Todd Maziar (Attorney at Law), Atlanta, for appellant.
    for defendant: Lauren Julian, Gary Hurst (Drew Eckl & Farnham, LLP), Atlanta, for appellee. Shannon Rolen (Attorney at Law), Atlanta, for amicus curiae.
    Case Number: A17A1135

    Claimant was not entitled to workers' compensation dependency benefits after her live-in boyfriend, whom she was dependent on due to her own inability to work, was fatally injured at work because the two were not married, either ceremonially or by common law.

  • Ivey v. McCorkle et al.

    Publication Date: 2017-10-31
    Practice Area: Attorney Compensation | Government
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Randolph Frails (Attorney at Law), Augusta, for appellant.
    for defendant: Glee Smith (Attorney at Law), Warrenton, for appellee.
    Case Number: A17A0796

    The trial court erred in ruling that certain City ordinances did not conflict with the City's Charter in mayor's suit seeking declaratory and injunctive relief against City councilmembers.

  • Wal-Mart Stores East L. P. v. Benson

    Publication Date: 2017-10-19
    Practice Area: Civil Appeals | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Leslie Becknell, Michael Miller (Drew, Eckl & Farnham, LLP), Atlanta, for appellant.
    for defendant: Dylan Hooper (Morgan & Morgan), Atlanta, for appellee.
    Case Number: A17A0880

    The trial court erred in denying summary judgment to store in plaintiff's slip and fall suit because there was no evidence that it had superior knowledge of any hazardous condition.

  • Wilder v. The State

    Publication Date: 2017-10-18
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: David Clark (Appellate Division, Ga Public Defender Council), Atlanta, for appellant.
    for defendant: Kevin Majeska (District Attorney, Toombs Jud. Circuit), Thomson; William Doupe (District Attorney Toombs Judicial Circuit), Thomson; Joshua Smith (District Attorney's Office Augusta Judicial Circuit), Augusta, for appellee.
    Case Number: A17A1727

    The sentence the trial court imposed on defendant's conviction for child molestation was within the applicable statutory range of sentencing, was legally authorized and was not subject to review.

  • Mitchell v. The State

    Publication Date: 2017-10-17
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: John Overocker (Office of the Public Defender Coweta Judicial Circuit), Carrollton, for appellant.
    for defendant: Kevin McMurry (Assistant District Attorney), Newnan; Peter Skandalakis (District Attorney Coweta County District Attorney's Office), Lagrange, for appellee.
    Case Number: A17A2012

    The trial court properly imposed a felony sentence following defendant's conviction for family violence battery because defendant had a prior conviction for family violence battery and the rule of lenity did not apply.