• King v. The State

    Publication Date: 2018-07-23
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Michael Tarleton (The Appellate Division - GPDC), Atlanta, for appellant.
    for defendant: Sherry Boston (DeKalb County District Attorney), Decatur; Gerald Mason (DeKalb County District Attorney's Office), Decatur, for appellee.

    Case Number: A18A0182

    The trial court erroneously admitted evidence of defendant's prior conviction at his trial for aggravated child molestation and sexual battery and the Court thus reversed defendant's convictions and remanded for a new trial.

  • New Star Realty, Inc. v. Jungang PRI USA, LLC

    Publication Date: 2018-07-20
    Practice Area: Business Torts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Mary Durant (Attorney at Law), Tucker; Leland Kynes (Kynes Law LLC), Atlanta, for appellant.
    for defendant: Andrew Flake, Megan Mitchell (Arnall Golden Gregory LLP), Atlanta, for appellee. Jeongha Lee (Jackson County Correctional Institute), Jefferson; West Point Property Group LLC, Atlanta; New Star Realty & Investment Inc, Atlanta, for other party.

    Case Number: A18A0777

    Francisor Real Estate Company Not Vicariously Liable For Franchisee President's Improper Transfer of Escrow Account Funds

  • In the Interest of R. D. et al., children.

    Publication Date: 2018-07-18
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Christopher Piner (Piner & Maffit LLC), Monroe, for appellant.
    for defendant: Calandra Harps (Assistant Attorney General), Atlanta; Christopher Carr (Attorney General), Atlanta; Lee Moss (Prior Daniel and Wiltshire LLC), Madison; Shalen Nelson (Senior Assistant Attorney General), Atlanta, for appellee. Jessica Van Hall, Loganville; Charles Day (Attorney at Law), Monroe; Nadine Bailey (Attorney at Law), Athens; Robin Crittenden (GA Dept of Human Services), Atlanta, for other party.

    Case Number: A18A0373

    Juvenile Court Did Not Err In Allowing Children's Guardian Ad Litem to Make Objections and Cross-Examine Witnesses

  • In The Interest of H. B. et al., Children.

    Publication Date: 2018-07-16
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Lisa Lenn (Lisa Lenn PA), Roswell, for appellant.
    for defendant: Gayle Abramson (Attorney at Law), Dallas; Christopher Carr (Attorney General), Richard Tangum (Office of the Attorney General), Atlanta; Shalen Nelson (Senior Assistant Attorney General), Atlanta, for appellee.

    Case Number: A18A0257

    Evidence Father Sexually Abused His Children Supported Juvenile Court's Dependency Order

  • Altamaha Riverkeeper, Inc. v. Rayonier Performance Fibers, LLC et al.

    Publication Date: 2018-07-11
    Practice Area: Energy and Natural Resources | Environmental Law
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Robert Brown, Megan Huynh (Southern Environmental Law Center), Atlanta; Donald Stack (Stack & Associates PC), Atlanta; Keri Powell (Law Office of Keri N Powell LLC), Decatur, for appellant.
    for defendant: Patricia Barmeyer, Randall Butterfield, Stephen McCullers (King & Spalding LLP), Atlanta; James Durham (Hall Booth Smith P.C.), Brunswick; Isaac Byrd (Deputy Attorney General), Atlanta; Christopher Carr (Attorney General), James Coots (Senior Assistant Attorney General), Atlanta; Graham Barron (GA Department of Law), Atlanta, for appellee. Georgia Industry Environmental Coalition Inc, Atlanta; Douglas Henderson (Troutman Sanders), Atlanta; Georgia Riverkeepers, Decatur; Charles Cork (Attorney at Law), Decatur, for amicus curiae.

    Case Number: A18A0594

    Environmental Protection Division's Interpretation of Narrative Standard in Regulation Governing Pollution Discharge Into Rivers Was Entitled to Deference

  • Moore v. Moore

    Publication Date: 2018-07-06
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Robert Strickland, Priya Patel (Smith Welch Webb & White LLC), McDonough, for appellant.
    for defendant: Heather Moore, Brooks, for appellee.

    Case Number: A18A0137

    The Court partially affirmed and partially vacated the trial court's order modifying child custody and child support following parties' divorce, finding that the trial court did not err in granting mother sole custody of the child but did err in failing to incorporate a parenting plan in the final custody order and failing to attach the child support worksheets to the final order.

  • Coen v. Aptean, Inc. et al

    Publication Date: 2018-07-05
    Practice Area: Damages | Employment Litigation | Personal Injury
    Industry: Software
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Charles Cork (Attorney at Law), Decatur; Timothy Coen, Atlanta, for appellant.
    for defendant: Matthew Ames (Balch & Bingham LLP), Atlanta; Steven Collins (Alston & Bird LLP), Atlanta; Richard Robbins (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta; Alexa Ross (Robbinsfreed), Atlanta, for appellee.

    Case Number: A18A0522

    Abusive Litigation Plaintiff Could Elect to Seek General Damages For Mental Distress

  • Propes v. The State

    Publication Date: 2018-06-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Debra Jefferson (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Daniel Porter (District Attorney), Lawrenceville; Ramona Sakhanokho (Assistant District Attorney), Lawrenceville, for appellee.

    Case Number: A18A0549

    The Court reversed defendant's conviction for violating O.C.G.A. § 16 5 60 (c), which prohibits certain conduct by HIV-infected persons, holding that State failed to show that defendant was determined to be infected with HIV by an HIV test approved for such purposes by the regulations of the Department of Community Health as required under § 16-5-60.

  • Auto-Owners Insurance Company v. Hale Haven Properties, LLC

    Publication Date: 2018-06-28
    Practice Area: Banking and Finance Laws | Civil Procedure | Contractual Disputes | Insurance Law
    Industry: Insurance | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Rachel Sullivan, Michael Kendall (Kendall Law Group, LLC), Douglasville, for appellant.
    for defendant: Laurie Dugoniths (The Johnson Insurance Law Group, LLC), Atlanta; David Flint (Schreeder, Wheeler & Flint, LLP), Atlanta; C. Johnson (Hall Booth Smith, PC), Atlanta, for appellee. Kenneth Jones (Hall, Booth, Smith & Slover), Atlanta; Russell Britt (Attorney at Law), Atlanta; William Holley, Zachary LeVasseur (Parker Hudson Rainer & Dobbs LLP), for other party.

    Case Number: A18A0132

    Factual Issues Presented as to Whether Scrivener's Error and Parties' Oversight Warranted Reformation of Insurance Agreement

  • SecureAlert, Inc. et al. v. Boggs et al.

    Publication Date: 2018-06-19
    Practice Area: Civil Procedure | Personal Injury | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Patrick Flynn (Attorney at Law), Albany, for appellant.
    for defendant: Joseph Durham (Lee Durham LLC), Albany; Rosser Malone (Malone Law Office), Atlanta; Sidney Moore (The Moore Law Firm P.C.), Atlanta, for appellee. Kovarious Price, Garden City; Demetrious Price, Reidsville; Grace Chapman, Albany; Richard Parker, Peachtree City; Erwin Warren, Albany; Sonya Bryant, Albany; George Donaldson, Misty Haskins (Perry & Walters LLP), Albany, for other party.

    Case Number: A18A0045

    The trial court erred in denying electronic pretrial release and monitoring service providers' motion to dismiss plaintiffs' wrongful death and personal injury action arising after two men whom providers were responsible for monitoring via ankle bracelets allegedly shot and killed another man, because O.C.G.A. § 17-6-1.1 (i) shielded providers from civil liability.