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  • Harris v. Holder Constr. Co.

    Publication Date: 2013-07-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Albert Yates Kaufman Law PC, Atlanta, for appellant.
    for defendant: Dawn Pettigrew and G. Melton Mobley Lokey, Mobley and Doyle LLP, Atlanta, for appellees.
    Case Number: A13A0224

    The trial court properly granted summary judgment to the defendants on the plaintiff's negligence claim arising from her fall while walking across a carpet that was covering a hole in the sub-floori

  • Boatner v. State

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Clarence R. Patton, Rome, for appellant. Leigh E. Patterson, District Attorney, and John A. Tully District Attorney's Office, Rome, for appellee.
    for defendant:
    Case Number: A11A0851

    The evidence did not support a finding that the defendant probationer possessed the rifle found leaning against the front porch of his trailer, as something more than mere spatial proximity must lin

  • J&D Trucking v. Martin

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Gerald R. Ryan Jr. Allen, Kopet & Assocs. PLLC, Valdosta, for appellant.
    for defendant: Robert L. Lambert Jr., Barney, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Compensation, Atlanta, and Marci R. Rosenberg, Dunwoody.
    Case Number: A11A0660

    The trial court erred in reversing an order of the Appellate Division of the State Board of Workers' Compensation because the Appellate Division failed to make any substituted findings of fact, whic

  • Cox v. Altus Healthcare and Hospice Inc.

    Publication Date: 2011-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Burton F. Dodd Fisher & Phillips, Atlanta, for appellant.
    for defendant: Christopher E. Parker, Michael P. Kohler and Sonya R. Madison Miller & Martin PLLC, Atlanta, for appellee.
    Case Number: A10A2331

    The employment covenants in question were unenforceable on their face because they were conditions of employment that contained neither a time nor personnel limitation and barred even unsolicited co

  • Konecny v. State

    Publication Date: 2011-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Eric J. Taylor, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A11A0184

    The discovery of the victim's body in the defendant's truck corroborated his accomplice's account that the defendant masterminded the arson to destroy evidence at the crime

  • Byrd v. State

    Publication Date: 2011-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert L. Wadkins Public Defender's Office, Columbus, for appellant.
    for defendant: Julia A. Slater, District Attorney, Wayne Jernigan and Jennifer E. Dunlap, Assistant District Attorneys, Columbus, for appellee.
    Case Number: A10A2279

    O.C.G.A. § 17-8-57 required a new trial because the trial court clearly expressed its opinion that the state proved

  • Meder v. State

    Publication Date: 2010-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Brian K. Fortner, Solicitor General, and Katherine L. Iannuzzi, Assistant Solicitor General, Douglasville, for appellee.
    Case Number: A10A0986

    The 30-month delay following the defendant's arrest did not violate her right to a speedy trial under the circumst

  • Arnold v. State

    Publication Date: 2010-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen R. Scarborough, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Albert T. Reeves Jr. and Dana J. Norman, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A10A0410

    The trial court properly denied the defendant's motion to suppress, because police officers were authorized to handcuff the defendant and pat him down for weapons, since the defendant behaved in a t

  • Bergen v. State

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David J. Dunn Jr. Public Defender's Office, LaFayette, and Deborah L. Allen, Assistant Public Defender, Ringgold, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, and Melissa A. Pittman District Attorney's Office, Ringgold, for appellee.
    Case Number: A09A2350

    The trial court erred in revoking more than two years of the defendant's probation in the absence of evidence that he committed a f

  • Boyd v. State

    Publication Date: 2009-10-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, and James A. Dunn, Assistant District Attorney, Cumming for appellee.
    Case Number: A09A1183

    The officers had probable cause to pat-down the defendant for weapons during a lawful traffic stop and to send for a drug dog based on the defen actions and an officer's knowledge of the defe