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Avery et al. v. Paulding County Airport Authority et al

Publication Date: 2017-11-13
Practice Area: Civil Procedure | Transportation
Industry:
Court: Court of Appeals
Judge: Judge Branch
Attorneys: For plaintiff: Charles McKnight, Alison Ballard (Taylor English Duma, LLP), Atlanta, for appellant.
for defendant: Robert Baker (Miller & Martin PLLC), Atlanta; J. Davis, Lee Carter (Brinson, Askew, Berry, Seigler, Richardson & Davis LLP), Rome, for appellee.
Case Number: A17A0849

The Court partially reversed the dismissal of three related declaratory judgment actions arising out of the efforts of a county and a county airport authority to apply for a commercial Airport Operating Certificate from the Federal Aviation Administration.

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.

Austin v. The State

Publication Date: 2017-10-27
Practice Area: Judges
Industry:
Court: Court of Appeals
Judge: Judge Rickman
Attorneys: For plaintiff: Robert Barr (Attorney at Law), Atlanta; Brannon Burroughs (Law Office of Bob Barr), Sandy Springs, for appellant.
for defendant: Anne Allen (Assistant District Attorney Coweta Judicial Circuit), Carrollton; Peter Skandalakis (District Attorney Coweta County District Attorney's Office), Lagrange; Ashley Hurley (Okelley & Sorohan LLC), Duluth, for appellee.
Case Number: A17A1151

The trial court did not err in denying defendant's petition to seal records pursuant to O.C.G.A. 42-8-62.1, Georgia's statute limiting public access to first offender records in the custody of the clerk of court, because defendant's guilty plea to repeated violations of public trust in connection with his dental profession authorized the trial court to conclude that defendant's interest in having the documents sealed was far outweighed by the public's interest in having the records available.

Hampton v. The State

Publication Date: 2017-10-25
Practice Area: Criminal Law
Industry:
Court: Court of Appeals
Judge: Chief Justice Hines
Attorneys: For plaintiff: Raina Jeager Nadler, Atlanta, for appellant.
for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; D. Victor Reynolds, Michael Scott Carlson (Cobb County District Attorney's Office), Marietta, for appellee.
Case Number: S17A0984

The evidence supported defendant's convictions for malice murder and related crimes after he fatally shot a man at a bar where defendant sometimes worked as a security guard.

People v. Sean Garvin, No. 82

Publication Date: 2017-10-24
Practice Area: Criminal Law
Industry:
Court: New York State, Court of Appeals
Judge: Chief Judge DiFiore and Judges Garcia and Feinman concur. Judge Fahey dissents in part in an opinion. Judge Rivera dissents in an opinion in which Judge Wilson concurs, Judge Wilson in a separate dissenting opinion.
Attorneys: For plaintiff: Tammy E. Linn, for appellant.
for defendant: Danielle S. Fenn, for respondent. National Association of Criminal Defense Lawyers et al., amici curiae.
Case Number: No. 82

Zelda Enterprises, LLLP et al. v. Guarino et al.

Publication Date: 2017-10-20
Practice Area: Legal Education
Industry:
Court: Court of Appeals
Judge: Chief Judge Dillard
Attorneys: For plaintiff: Melissa Gilbert, Todd Hatcher (Gregory, Doyle, Calhoun & Rogers, LLC), Marietta, for appellant.
for defendant: Robert Ingram, Tammi Brown (Moore Ingram Johnson & Steele, LLP), Marietta; Carey Olson (Attorney at Law), Marietta, for appellee.
Case Number: A16A1437

In granting appellees' motion to disqualify appellants' counsel, the trial court failed to first assess whether appellees waived the opportunity to move for disqualification of counsel before granting the motion; accordingly, the Court vacated the order granting the motion and remanded for further proceedings.

In The Interest of A. C., a child.

Publication Date: 2017-10-17
Practice Area: Criminal Law
Industry:
Court: Court of Appeals
Judge: Judge McMillian
Attorneys: For plaintiff: Wade Krueger (Public Defender's Office), Valdosta, for appellant.
for defendant: Joseph McKinnon (District Attorney's Office), Valdosta; J. Miller (District Attorney's Office, Southern Judicial Circuit), Moultrie; Jessica Clark (Assistant District Attorney), Valdosta; Bradfield Shealy (District Attorney Southern Judicial Circuit), Valdosta, for appellee.
Case Number: A17A0788

The evidence supported the juvenile court's adjudication of delinquency on one count of theft by receiving stolen property after an officer observed the juvenile running from a stolen vehicle.

McConnell et al. v. Georgia Department of Labor

Publication Date: 2017-10-09
Practice Area: Government
Industry:
Court: Court of Appeals
Judge: Presiding Judge Melton
Attorneys: For plaintiff: Scott A. Schweber, Jefferson Madden Allen (Cohen, Cooper, Estep, & Allen, LLC), Atlanta, for appellant.
for defendant: Kathleen M. Pacious, Loretta L. Pinkston-Pope, Angela Ellen Cusimano, Christopher M. Carr (Department of Law), Atlanta, for appellee.
Case Number: S16G1786

The Court of Appeals erred in failing to address sovereign immunity in its decision affirming the dismissal of a class action suit against the Georgia Department of Labor arising from the Department's disclosure of the proposed class members' personal information in an email sent to approximately 1,000 Georgians.

Daniels v. The State

Publication Date: 2017-10-09
Practice Area: Criminal Law
Industry:
Court: Court of Appeals
Judge: Chief Justice Hines
Attorneys: For plaintiff: Gregory Davis Smith (Conger & Smith, LCC), Bainbridge, for appellant.
for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; April Marie Hancock (Colquitt County District Attorney's Office), Moultrie; Bradfield M. Shealy (Southern Judicial Circuit District Attorney's Office), Valdosta, for appellee.
Case Number: S17A0931

The evidence supported defendants' convictions for felony murder, violations of the Street Gang Terrorism and Prevention Act and other crimes.

Lockamy v. Lockamy

Publication Date: 2017-10-02
Practice Area: Family Law
Industry:
Court: Court of Appeals
Judge: Presiding Justice Melton
Attorneys: For plaintiff: Garnett Harrison, Jacqueline NiCole Fortier (Garnett Harrison PC), Kingsland, for appellant.
for defendant: Richard Allen Sanders, Jr. (Andrews & Sanders Law Offices), Savannah, for appellee.
Case Number: S17A0966

The trial court erred in granting wife's motion to reform a divorce decree because she untimely filed the motion more than six years after the entry of the judgment.