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  • Mayor and city council of the city of Richmond Hill et al. v. MAIA

    Publication Date: 2017-10-16
    Practice Area: Civil Appeals | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Donald Montgomery (Scheer Montgomery & Call), Savannah; Patrick O'Connor, Benjamin Perkins (Oliver Maner LLP), Savannah; Ray Smith (Attorney at Law), Richmond Hill, for appellant.
    for defendant: Billy Jones, Carl Varnedoe (Jones, Osteen & Jones), Hinesville, for appellee.
    Case Number: A15A2334

    Defendants were entitled to summary judgment on plaintiff's wrongful death claims arising from her 14-year-old daughter's suicide because plaintiff could not demonstrate proximate cause.

  • Green v. The State

    Publication Date: 2017-10-12
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Thomas Hyman (Oconee Circuit Public Defenders Office), Cordele, for appellant.
    for defendant: Lauren Shurling (Chief Assistant District Attorney Oconee Judicial Circuit), Eastman; Timothy Vaughn (District Attorney Oconee Judicial Circuit), Eastman, for appellee.
    Case Number: A17A1017

    The evidence was sufficient to support defendant's convictions for four counts of theft by taking after he endorsed checks and misrepresented that the checks were actually payable to him and then deposited the checks into his bank account.

  • McDowell v. Bowers et al.

    Publication Date: 2017-10-10
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Lloyd D. Murray, Sr., (Attorney at Law), Richmond Hill, for appellant.
    for defendant: Karen Barr (Attorney at Law), Savannah, for appellee.
    Case Number: A17A0948

    The trial court erred in permitting the child's biological grandparents to intervene in a non-relative third party's petition to adopt the child because the grandparents were not permitted under Georgia law to intervene under the circumstances presented in this case.

  • Mallery v. The State

    Publication Date: 2017-09-29
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Ruth McMullin (McMullin LLC), Stone Mountain, for appellant.
    for defendant: Sherry Boston (DeKalb County District Attorney), Decatur; Gerald Mason (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: A17A1048

    Defendant failed to carry his burden of proving that the trial court erred in denying his motion for a new trial on ineffective assistance of counsel grounds and the Court, therefore, affirmed his convictions for armed robbery and aggravated assault.

  • Crawford et al. v. Ocwen Loan Servicing, LLC

    Publication Date: 2017-09-28
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Donovan Crawford, Cladine Crawford, Alpharetta, for appellant.
    for defendant: Christopher Wardrop (Weissman Nowack Curry & Wilco P C.), Atlanta, for appellee.
    Case Number: A17A1590

    The trial court properly dismissed plaintiffs' petition for a temporary restraining order or preliminary injunction seeking to stop the foreclosure of their home after concluding that the petition was moot because the injunctive relief they requested could no longer be granted.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • 100 Lakeside Trail Trust et al. v. Bank Of America, N.A.

    Publication Date: 2017-09-28
    Practice Area: Banking and Finance Laws | Contracts
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Edward Downs (Ed Downs & Associates P.C.), Riverdale; Nubiyn Mzekewe (Mzekewe Legal LLC), Atlanta, for appellant.
    for defendant: Amanda Wilson, Ashby Fox, John Sullivan (Burr & Forman LLP), Atlanta; Charles Ruffin (Baker Donelson Bearman Caldwell & Berkowitz PC), Macon, for appellee.
    Case Number: A17A1735

    The trial court properly granted bank's claim for equitable reformation of a security deed based on mutual mistake, granted bank's motion for summary judgment and denied defendants' cross-motion for summary judgment.