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  • Nunnally v.State

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Virginia L. Garrard, Public Defender, Monroe, for appellant.
    for defendant: Layla H. Zon, District Attorney, Covington, and Kimberly M. Minicozzi, Assistant District Attorney, Monroe, for appellee.
    Case Number: A11A0729

    The officer improperly abandoned a traffic stop to pursue a drug offense and so the marijuana found in the defendant's vehicle amounted to the fruit of an illegal s

  • City of Atlanta v. City of College Park

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Michael S. Fineman City of Atlanta Law Dep't, Atlanta, for City of Atlanta. Winston A. Denmark, Steven M. Fincher, Michael J. Williams, L'Erin F. Barnes and Emilia C .Walker Fincher, Denmark & Williams LLC, Jonesboro, for City of College Park.
    for defendant:
    Case Number: A10A2054; A10A2055

    College Park and only College Park is authorized to levy, assess, and collect an occupation tax from businesses and practitioners at the airport within its city l

  • Benedict v. State Farm Bank FSB

    Publication Date: 2011-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: C. M. Benedict, Ponte Vedra Beach, Fla., proceeded pro se. Adwoa G. Seymour Bryan Cave LLP and John C. Patton Lewis, Brisbois, Bisgaard & Smith LLP, Atlanta, for appellee.
    for defendant:
    Case Number: A10A2289

    Plaintiff failed to state a claim for intentional infliction of emotional dis because his complaint alleged neither humiliation, embarrassment, fright, extreme outrage, nor severe emotional dis

  • Hawkins v. State

    Publication Date: 2010-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Katherine A. Gonos, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Justo C. Cabral III, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A10A1575

    The trial court did not err in denying defendant's motion to suppress because the officer had reason to believe that evidence of the crime for which he arrested defendant would be found in the vehic

  • Scott v. Waits

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Martha M. Pearson and Phillip L. Hartley Harben, Hartley & Hawkins, Gainesville, for appellant.
    for defendant: William M. Akin Akin & Tate LLC, Cartersville, for appellees.
    Case Number: A10A1192

    The defendant had no ministerial duty to inspect an unsecured gate with a broken latch, which struck the hood of the plaintiff's vehicle as she left a high school

  • Smith v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Charles E. W. Barrow, Athens, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Walter C. Howard District Attorney's Office, Monroe, for appellee.
    Case Number: A10A1014

    The trial court did not violate O.C.G.A. § 17-8-57, after the defense put venue into question, when the trial judge instructed the state to call another witness, limited the scope of that witnesses'

  • Carter v. Country Club of Roswell Inc.

    Publication Date: 2010-10-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: James N. Sadd Slappey & Sadd LLC and Henry R. DeGive Law Office of Perry D. Ellis, Atlanta, for appellant.
    for defendant: Wayne D. McGrew III and Spencer A. Bomar Carlock, Copeland & Stair LLP, Atlanta, or appellee.
    Case Number: A10A1565

    Factual issues remained as to whether the hired worker exception applied in this

  • Ga. Inv. Int'l Inc. v. Branch Banking & Trust Co.

    Publication Date: 2010-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Michael D. Robl Spears & Robl LLC, Decatur, for appellant.
    for defendant: Robert A. Weber The Weber Firm LLC, Gainesville, for appellee.
    Case Number: A10A1407

    The maker and guarantor of promissory note could not assert promissory estoppel as an affirmative defense to default, since the bank's alleged promises to refinance or issue a new line of credit wer

  • The Rector, Wardens and Vestrymen of Christ Church in Savannah v. Bishop of the Episcopal Diocese of Ga. Inc.

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Paul W. Painter Jr. Ellis, Painter, Ratterree & Adams LLP and Neil A. Creasy Simpson & Creasy PC, Savannah, for appellant.
    for defendant: James A. Elliott Elliott & Blackburn PC, Valdosta, Thomas A. Withers Gillen, Withers & Lake LLC, Savannah, Mary E. Kostel The Episcopal Church, David B. Beers and Richard A. Arculin, Washington, D.C., for appellees.
    Case Number: A10A1375

    The National Episcopal is entitled to control local property, despite the fact that a parish church owns the property, since the discipline, canons and constitutions of the National Episcopal

  • Vincent v. Casey

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Louis Levenson and Dylan Littlejohn Levenson & Assocs., Atlanta, for appellant.
    for defendant: . William M. Akin Akin & Tate LLC, Cartersville, for appellees. Other party representation: Timothy J. Burson Bovis, Kyle & Burch, John E. Menechino Jr. Smith, Currie & Hancock, Atlanta, Charles Crawford, Cartersville, and James S. Astin, Cedartown.
    Case Number: A10A0660

    Under both the old and current versions of OCGA § 9-11-25 a 1, a suggestion of must be made upon the record by service of a statement of the fact of the