• Stanley v. Government Employees Insurance Company

    Publication Date: 2018-02-13
    Practice Area: Insurance Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Clyde Rickard (Rickard & Nix), Atlanta; Jessica Nix (The Law Office of Rickard & Nix), Atlanta, for appellant.
    for defendant: Frederick Valz, T. Bell (Carlock, Copeland & Stair, LLP), Atlanta, for appellee. Alissa Young, Long Eddy, for other party.

    Case Number: A17A1813

    Insurer was entitled to summary judgment in plaintiff's action seeking uninsured motorist coverage from his fiancs parents automobile insurance carrier.

  • MacMaster v. The State

    Publication Date: 2018-01-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Rafe Banks (Banks, Stubbs & McFarland, LLP), Cumming, for appellant.
    for defendant: William Finch (Solicitor General of Forsyth County), Cumming; Caroline Yi (Forsyth County Solicitor's Office), Cumming, for appellee.

    Case Number: A17A2083

    The trial court properly denied DUI defendant's motion in limine to exclude the admission of the results of the State-administered breath test, any evidence of her consent to the State-administered breath test and her refusal to take the Alco-Sensor test.

  • January 22, 2018 | Daily Report Online

    The Patriot: Remembering US District Judge William C. O'Kelley

    Judge O'Kelley displayed artistic interpretations of the Constitutional Convention in his Atlanta chambers, and he regularly quizzed his law clerks on the names of the Georgia patriots who signed the Constitution and the Declaration of Independence.

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  • Harris v. The State

    Publication Date: 2018-01-17
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: John Overocker (Office of the Public Defender Coweta Judicial Circuit), Carrollton, for appellant.
    for defendant: Anne Allen (Assistant District Attorney Coweta Judicial Circuit), Carrollton; Peter Skandalakis (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.

    Case Number: A17A1941

    The record supported the trial court's finding that the prosecutors failure to redact a video recording of defendant's interview with an investigator, which led to a mistrial, was not made purposefully to subvert double jeopardy protections and the trial court, therefore, did not err in denying defendant's plea in bar/motion in autrefois convict in which he contended that the double jeopardy clause barred his further prosecution for child molestation.

  • Anderson v. Lewis, et al.

    Publication Date: 2018-01-11
    Practice Area: Civil Procedure | Motor Vehicle Torts | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Allen Bodiford (Attorney at Law), Stockbridge, for appellant.
    for defendant: Russell Davis, Michael Patterson (Downey & Cleveland, LLP), Marietta, for appellee. Ashley Howard (Lynn Leonard & Associates), Atlanta, for other party.

    Case Number: A17A1898

    In an automobile accident case, the dismissal of one defendant due to plaintiff's failure to perfect service on him did not constitute an adjudication on the merits and provided no basis for granting summary judgment for the other defendant, the first defendant's grandfather, as the dismissal was not fatal to the derivative liability claim under the family purpose doctrine.

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

    Publication Date: 2017-12-06
    Practice Area: Civil Procedure | Transportation
    Industry: State and Local Government
    Court: Georgia 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.

  • 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.

  • October 26, 2016 | Daily Report Online

    Juror Misbehavior Spurs Mistrial in Agnes Scott False Arrest Trial

    A convoluted trail of litigation stemming from a false sexual assault accusation and arrest at Agnes Scott College more than seven years ago took another detour last week, when reports that

    1 minute read

  • January 20, 2016 | Daily Report Online

    Appalachian Circuit Judge Retires Early; Judicial Watchdog Agency Says It's 'Satisfied'

    An Appalachian Circuit Superior Court judge, who last year became the subject of news reports that he had used a racial epithet in open court while discussing an African-American witness, ha

    1 minute read

  • January 20, 2016 | Daily Report Online

    Appalachian Circuit Judge Retires Early; Judicial Watchdog Agency Says It's 'Satisfied'

    An Appalachian Circuit Superior Court judge, who last year became the subject of news reports that he had used a racial epithet in open court while discussing an African-American witness, has notified Gov. Nathan Deal that he intends to retire Jan. 31, which is 11 months before his current term ends.

    1 minute read