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  • In The Interest Of K. G., A Child.

    Publication Date: 2018-03-27
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Rosalind Watkins (Attorney at Law), Atlanta, for appellant.
    for defendant: Talia Nurse, Christy Draper (Attorney at Law), Douglasville; Timothy MacMillan (Attorney at Law), Carrollton, for appellee. Deidre Ricks (The Ricks Law Firm LLC), Douglasville; Thinel Bishop (The Bishop Law Group), Villa Rica, for other party.
    Case Number: A17A1519

    There was clear and convincing evidence supporting the juvenile court's finding that the appointment of a permanent guardian was in the child's best interests.

  • State v. Lewis

    Publication Date: 2018-03-19
    Practice Area: Criminal Law | Insurance Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Teri Walker (Fulton County District Attorney's Office), Atlanta; Paul Howard (District Attorney), Atlanta, for appellant.
    for defendant: Ashutosh Joshi (Attorney at Law), Atlanta; Matthew Winchester (Law Offices Of Matthew K. Winchester), Atlanta, for appellee.
    Case Number: A17A1692

    Officer Had No Ground to Arrest Driver and Impound Vehicle After Driver Provided Valid Proof of Insurance Coverage

  • In The Interest Of K. D., et al., Children (Father).

    Publication Date: 2018-03-01
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Bryan Villarreal (Attorney at Law), Cedartown, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Penny Hannah (Assistant Attorney General), Atlanta; Shalen Nelson (Senior Assistant Attorney General), Atlanta; Debbie Schindler (SAAG), Newnan, for appellee. Vickey Atkins (Attorney at Law), Rockmart; Robert Brooks (District Attorney), Cedartown, for other party.
    Case Number: A17A1551

    The Court reversed the juvenile court's finding of dependency as to the father, because there was no evidence that any of the children saw or heard the violent exchange between their mother and father and thus no evidence establishing an act of abuse on the part of the father sufficient to warrant a finding of dependency.

  • In The Interest Of J. N., A Child.

    Publication Date: 2018-03-01
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Aaron O'Brien (Thompson O'Brien), Norcross, for appellant.
    for defendant: Tara-Anne Canada (Guardian Ad Litem/Attorney), Lawrenceville; Deana Spencer (Spencer Law, LLC), Lawrenceville, for appellee. Christopher Carr (Attorney General), Atlanta; Penny Hannah (Assistant Attorney General), Atlanta; Shalen Nelson (Senior Assistant Attorney General), Atlanta; Debra Hale (Attorney at Law), Lawrenceville; Kristin Jahn (Special Assistant Attorney General), Atlanta, for other party.
    Case Number: A18A0256

    The trial court erred in granting a child's Guardian Ad Litem a blanket protective order over the GAL's entire file in a dependency action without considering the contents of the file.

  • The State v. Herman

    Publication Date: 2018-02-15
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Joseph Black (Assistant District Attorney), Statesboro; Richard Mallard (District Attorney), Statesboro, for appellant.
    for defendant: Renata Newbill-Jallow (Public Defender Ogeechee Judicial Circuit), Statesboro, for appellee.
    Case Number: A17A1978

    The trial court erred in granting defendant's motion to suppress evidence obtained during a traffic stop because the open-air dog sniff did not unconstitutionally prolong the stop since an officer was still in the process of running a check of the driver's license, which is part of the mission of a traffic stop.

  • Roberts v. The State

    Publication Date: 2018-02-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Brandon Lewis (Attorney at Law), Norcross, for appellant.
    for defendant: Anna Cross (County District Attorney's Office), Decatur; Sherry Boston (DeKalb County District Attorney), Decatur, for appellee.
    Case Number: A17A1608

    The evidence supported defendant's convictions for violating the Georgia RICO Act, identity fraud, financial-transaction-card fraud and exploitation of an elder person arising out of a scheme in which she called senior citizens, claimed that she was a representative of a power company, and informed them that their utility bill had not been paid and that their power would be cut off if they did not provide her with credit card, bank account or other personal and financial information, which she then used to obtain cash or buy things.

  • Viad Corp v. United States Steel Corporation

    Publication Date: 2018-02-08
    Practice Area: Environmental Law | Toxic Torts
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Alston & Bird, Daniel F. Diffley, Kyle G. A. Wallace, Annalise K. Peters; Moore Clarke DuVall & Rodgers, James H. Moore III, Matthew D. DeMott, for appellant.
    for defendant: Watson Spence, Louis E. Hatcher, Alfreda L. Sheppard, F. Faison Middleton IV, Christopher L. Foreman, for appellee.
    Case Number: A17A0937

    Plaintiff could not claim indemnity for its own negligence after State ordered it and its predecessor to pay for environmental remediation of certain property because the assumption agreement did not expressly, plainly, clearly and unequivocally provide that predecessor would indemnify plaintiff to that extent; accordingly, the trial court erred in granting plaintiff's motion for summary judgment in its suit for indemnification.

  • Healthy-It, LLC et al. v. Agrawal et al.

    Publication Date: 2018-02-07
    Practice Area: Business Torts | Contracts
    Industry: Biotechnology | Health Care
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Ney Hoffecker Peacock & Hayle, Michael R. Peacock, for appellants.
    for defendant: Arnall Golden Gregory, Stephen M. Dorvee, for appellees.
    Case Number: A17A1257

    The Court partially reversed the trial court's order partially granting and partially denying parties' motions for summary judgment in a case arising from the breakup of a joint venture company.

  • Jackson v. The State

    Publication Date: 2018-01-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Russell Walker (Russell K. Walker, P.C.), Perry, for appellant.
    for defendant: Marie Banks (Houston County District Attorney), Perry; George Hartwig (District Attorney Houston Judicial Circuit), Perry, for appellee.
    Case Number: A15A1855

    The indictment charging defendant with failing to register as a sex offender in violation of O.C.G.A. § 42-1-12 was fatally defective because it did not recite a sufficient portion of the statute to set out all the elements of the offense for which defendant was tried and convicted and it did not allege all the facts necessary to establish a violation of a criminal statute.

  • In The Interest Of M. I., a child.

    Publication Date: 2018-01-08
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Laurie Thomas (Attorney at Law), Savannah, for appellant.
    for defendant: Calandra Harps (Assistant Attorney General), Atlanta; Christopher Carr (Attorney General), Shalen Nelson (Senior Assistant Attorney General), Atlanta; Jerry Thacker (Attorney at Law), Conyers, for appellee. Erica Wilson (The Law Office of Erica Wilson), Atlanta, for other party.
    Case Number: A17A2000

    In a child dependency proceeding, the trial court erred in denying child's motion for new trial without conducting a hearing and the Court thus vacated the judgment finding that there was not probable cause to believe the child was dependent and remanded for the trial court to conduct a hearing on the motion.