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  • Bayview Loan Servicing LLC v. Baxter

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Emily L. Shoemaker, J. Allen Maines and Shauna T. Phillips Paul, Hastings, Janofsky & Walker LLP, Atlanta, for Bayview Loan Servicing. John W. Gibson, Michael R. Dunham Gibson, Deal, Fletcher & Dunham PC, Norcross, for Baxter.
    for defendant:
    Case Number: A11A1352, A11A1353

    The defendant's lis pendens provided constructive notice of his claimed security interest as of the date it was recorded, regardless of whether it was indexed and/or placed on the public database wh

  • Hernandez Auto Painting & Body Works Inc. v. State Farm Mut. Auto. Co.

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mason White Brennan, Harris & Rominger, Savannah, Kyle G. Wallace Alston & Bird LLP, Atlanta, and Robert H. Schultz Jr. Heyl, Royster, Voelker & Allen PC, Edwardsville, Ill., for State Farm. Robert B. Turner, Stanley Karsman Savage, Turner, Pinson & Karsman, Christopher D. Britt Tate Law Group LLC, Savannah, for Hernandez Auto. Other party representation: William V. Custer IV Bryan Cave LLP, Atlanta.
    for defendant:
    Case Number: A11A0962; A11A0963

    The trial court erred in denying the defendants' motion to dismiss the plaintiff's claim for trade libel, as Georgia does not recognize such a

  • Villanueva v. First Am. Title Ins. Co.

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Hugh C. Wood Wood & Meredith LLP and Derick C. Villanueva, Atlanta, for appellants. Frederic S. Beloin and Charles W. Brown Beloin & Assocs. LLC, Atlanta, for appellee.
    for defendant:
    Case Number: A11A1344

    In a case of first impression, the Court held that a legal malpractice claim for financial loss, involving solely the right of property, was assig

  • Jones v. Allen

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Josh B. Wages Blasingame Burch Garrard Bryant & Ashley, Athens, for appellants. Annarita M. Busbee, Derrick L. Bingham Owen, Gleaton, Egan, Jones & Sweeney LLP, Vincent A. Toreno Rutherford & Christie LLP, Adam L. Appel, and Kim M. Ruder Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellees. Other party representation: Samuel S. Olens, Attorney General, J. David Stubins Attorney General's Office, Brynda R. Insley Insley and Race LLC, Atlanta, James S. V. Weston Trotter Jones LLP, and Floyd M. Taylor Hull, Towill, Norman, Barrett & Salley, Augusta, for appellees.
    for defendant:
    Case Number: A11A1363

    The trial court erred in finding that the defendant medical college faculty members were entitled to official immunity on the plaintiffs' medical malpractice claims, as these physicians did not esta

  • Wertz v. Allen

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Donald W. Johnson The Johnson Law Firm, Fayetteville, for appellant. Julia H. Magda Sell & Melton LLP, and John A. Draughon, Macon, for appellee.
    for defendant:
    Case Number: A11A0916

    The plaintiff did not rebut the existence of conditional privilege with evidence of actual or express malice regarding his defamation claim, arising from his expulsion from a respiratory therapy pro

  • Laye v. State

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: James D. Lamb, Columbus, for appellant. Peter J. Skandalakis, District Attorney, LaGrange, and Anna C. Allen, Assistant District Attorney, Carrollton, for appellee.
    for defendant:
    Case Number: A11A1456

    Although mere presence at the scene of crime and merely driving a getaway car are insufficient standing alone, if a defendant had knowledge of the intended crime and shared the criminal intent of ma

  • Ward v. State

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Kevin Kwashnak Public Defender's Office, Americus, for appellant. Plez H. Hardin, District Attorney, and Lewis R. Lamb District Attorney's Office, Americus, for appellee.
    for defendant:
    Case Number: A11A0782

    The trial court harmfully erred in giving a jury charge regarding the inference arising from the defendant's recent possession of a stolen truck, which had the effect of impermissibly shifting the b

  • Hawkins v. DeKalb Med. Ctr. Inc.

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William Q. Bird, William B. Drummond Bird Law Group PC, James D. Summerville The Summerville Firm LLC, John W. Crongeyer Crongeyer Law Firm PC, M. Gino Brogdon Pope McGlamry Kilpatrick Morrison, and Lee T. Wallace The Wallace Law Firm, Atlanta, for Hawkins. Timothy H. Bendin, Kristin L. Hiscutt Bendin, Sumrall & Ladner LLC, Erica S. Jansen and Daniel J. Huff Huff, Powell & Bailey LLC, Atlanta, for DeKalb Medical Center, Inc. Other party representation: Rolfe M. Martin, Mark D. Meliski, Philippa V. Ellis Owen Gleaton Egan Jones & Sweeney LLP, Paul E. Weathington, Lindsay A. Forlines The Weathington Firm PC, Simuel F. Doster Jr. Allen Weathington & Reeves PC, Jason E. Bring Arnall Golden Gregory LLP, and Thomas E. Lavender III Lewis, Brisbois, Bisgaard & Smith LLP, Atlanta.
    for defendant:
    Case Number: A11A1006; A11A1007

    The plaintiff failed to adduce expert evidence giving rise to a triable issue on the specialized medical question of whether her daughter was brain dead prior to apnea testing and termination of ven

  • Shelley v. State

    Publication Date: 2011-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant. Brian K. Fortner, Solicitor General, and Sherrill N. Britt, Douglasville, for appellee.
    for defendant:
    Case Number: A11A2172

    The trial court did not err in denying the defendant's motion to suppress, as the evidence supported a finding that a supervisory officer implemented the roadblock at which the defendant was stopped

  • Calmes v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Brandon A. Bullard Public Defender's Office, Dallas, for Calmes. Dennis Allen, Helena, proceeded pro se. Donald R. Donovan, District Attorney, Thomas A. Cole, Dana J. Norman, Assistant District Attorneys, Dallas, and Fred A. Lane Jr. Georgia Department of Insurance, Atlanta, for appellee.
    for defendant:
    Case Number: A11A1245; A11A2203

    The Court remanded the co-defendant's case for reconsideration of the grant of his appellate counsel's motion to withdraw, as the record did not show he knowingly waived his right to counsel or that