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  • Equipco Int'l LLC. v. Certain Underwriters at Lloyd's London

    Publication Date: 2013-03-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Clay O'Daniel O'Daniel McDonald LLC, Atlanta, for appellant.
    for defendant: Kylie Holladay Fields Howell Athans & McLaughlin LLP, for appellee. Other party representation: Shonnard Reed Steady Rockin' Transport Inc., Powder Springs.
    Case Number: A12A2048

    The duties related to adjusting, investigating and settling losses under O.C.G.A. § 33-4-7 do not apply to issuers of cargo lia insurance policies, since such policies are not motor vehicle li

  • Garrett v. Southern Health Corp. of Ellijay Inc.

    Publication Date: 2013-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John Longino, Canton, for appellant.
    for defendant: . Marcia Ernst and Colin Delaney Smith Gambrell & Russell LLP, Atlanta, for appellee.
    Case Number: A12A2253

    A genuine issue of material fact remained as to whether the sellers' default on an option agre was in bad faith, thus entitling the plaintiff to damages under the terms of the agre

  • Alexander v. State

    Publication Date: 2012-11-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Elizabeth Grant, Athens, for appellant.
    for defendant: Carroll Chisholm, Solicitor General, and William Fleenor Solicitor General's Office Athens, for appellee.
    Case Number: A12A1044

    Trial counsel was not ineffective in failing to investigate the defendant's mental health, as the defendant did not show any evidence regarding whether or how his mental condition caused or exacerba

  • Futch v. State

    Publication Date: 2012-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Stuart Patray, Public Defender, Statesboro, for appellant.
    for defendant: Richard Mallard, District Attorney, and Daphne Jarriel, Assistant District Attorney, Statesboro, for appellee.
    Case Number: A12A0644

    Evidence that the defendant put his hand on the victim's neck did not meet the severity of harm requirement to support a battery convi

  • Whitman v. State

    Publication Date: 2012-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Robert Rutledge Public Defender's Office, Rome, for appellant.
    for defendant: Leigh Patterson, District Attorney, and Suhirjahaan Morehead District Attorney's Office, Rome, for appellee.
    Case Number: A12A0425

    Evidence of a pending charge admitted as similar transaction evidence in the defendant's trial for misdemeanor theft by receiving did not violate his Sixth Ame right to testify or his Fifth Am

  • Reed v. State

    Publication Date: 2012-05-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Kevin C. Armstrong, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, Kathryn O. Fallin, Assistant District Attorney, Albany, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0443

    The trial court did not abuse its discretion in admitting similar transaction evidence showing that the defendant struck a past girlfriend with a stick during an arg

  • Presbytery of Greater Atlanta Inc v. Timberridge Presbyterian Church Inc.

    Publication Date: 2011-12-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Debra A. Golymbieski and Robert E. Wilson Wilson, Morton & Downs LLC, Decatur, for appellant. Michael C. Kendall and Maureen E. Murphy Talley, French & Kendall PC, Douglasville, for appellee. Amicus Appellant: David H. Gambrell, Linda A. Klein and John Hinton IV Baker, Donelson, Bearman, Caldwell & Berkowitz PC, Atlanta, Forest A. Norman Gallagher Sharp, Cleveland, Ohio, Christopher J. Cox and Alexandra Fellowes Weil, Gotshal & Manges LLP, Redwood Shores, Calif. Amicus Appellee: John C. Bell Jr. Bell & Brigham, David E. Hudson, Patrick J. Rice Hull Barrett PC, John B. Long, A. Montague Miller, Thomas W. Tucker Tucker, Everitt, Long, Brewton & Lanier, Augusta, and Hugh B. McNatt McNatt, Greene & Peterson, Vidalia.
    for defendant:
    Case Number: S11G0587

    Applying neutral principals of law, a local church assented to the relinquishment of its property rights when it affiliated with the Presbyterian Church USA in 1983, and an implied trust in favor o

  • Johnson v. State

    Publication Date: 2011-12-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Marvin P. Hicks III The Hicks Law Firm, Lawrenceville, for appellant. Daniel J. Porter, District Attorney, and Richard A. Vandever, Assistant District Attorney, Lawrenceville, for appellee.
    for defendant:
    Case Number: A11A0941

    The trial court did not err in denying the defendant's motion to suppress drugs found on his person during a second Terry pat-down since the evidence established that the initial detention and pat-d

  • Udoinyion v. Michelin North Am. Inc.

    Publication Date: 2011-12-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Sunday N. Udoinyion, Chamblee, proceeded pro se. C. Angela Hinds Peters & Monyak LLP, Atlanta, for appellee.
    for defendant:
    Case Number: A11A1682; A11A2411

    The trial court did not err in granting summary judgment to the defendant in a products liability action alleging that a defect in a tire caused the blowout that resulted in the plaintiff crashing

  • Dixson v. State

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Robert Kenner Jr., Stone Mountain, for appellants. Lee Darragh, District Attorney, Gainesville, Jennifer D. Hart, Assistant District Attorney, Nashville, and Hugh M. Hamilton, Dawsonville, for appellee.
    for defendant:
    Case Number: A11A1329; A11A1330

    Other evidence adequately corroborated an accomplice's testimony that she and the defendants stole clothing from children's s