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  • Goldstein v. Wells

    Publication Date: 2009-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Michael I. Fistel Jr. Holzer, Holzer & Cannon LLC, Atlanta, for appellant.
    for defendant: . Tony G. Powers, Kimberly L. Myers Rogers & Hardin LLP, Michael R. Smith, Michael J. Cates, Dan S. McDevitt King & Spalding, James T. Mast, James K. Quillian and Jaime L. Theriot Troutman Sanders LLP, Atlanta, for appellee.
    Case Number: A09A0068

    The Court of Appeals dismissed this shareholder derivative action, since the plaintiff shareholders failed to show that the directors suffered from an actual conflict of int

  • Kline v. KDB Inc.

    Publication Date: 2009-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Michael Weinstock and Matthew W. Carlton Weinstock & Scavo PC, Atlanta, for appellant.
    for defendant: Jason B. Schwartz Temple, Strickland, Counts & Dinges, Decatur, Harvey S. Gray, Christopher M. Ziegler Gray, Rust, St. Amand, Moffett & Brieske LLP, Atlanta, Cheryl R. Reid and Richard A. Carothers Carothers & Mitchell, Buford, for appellant. Michael Connor Sr. and Michael Connor Jr., Mableton, proceeded pro se.
    Case Number: A08A1594

    Evidence that the arresting officer had probable cause and exigent circumstances to lawfully arrest the plaintiff without a warrant for criminal trespass at a bar and restaurant precluded the plaint

  • Whitley v. State

    Publication Date: 2008-10-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A0887

    The defendant intentionally aided and abetted a home invasion in which the home was burglarized and the home's 16-year-old occupant was detained and robbed by use of a ha

  • Ford v. Hanna

    Publication Date: 2008-10-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1177

    The trial court erred with respect to child support, since the trial court ratified parties agreement to waive child support in light of fact that each parent had physical custody of one child witho

  • Mims v. State

    Publication Date: 2008-06-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A0218

    The defendant was not entitled to a charge on alcohol impairment, because he did not raise the defense of insanity due to alcohol consum

  • In the Interest of B. T.

    Publication Date: 2008-06-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A0257

    The father never established a bond or visited his child, he failed to pay child support and he failed to attend hearings, which were specifically continued in order to allow him to make his case re

  • Heath v. State

    Publication Date: 2008-06-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A0402

    The defendant entered the victim's home uninvited, knocked the victim to the floor and took $500 in cash and some credit cards from the victim's

  • Rudnitskas v. State

    Publication Date: 2008-05-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A0047

    Evidence that the victim found the defendant at her back porch door, crouched down with a crowbar in his hand, beating bottom track of her door, supported his conviction for attempted bur

  • In the Interest of A. D. L.

    Publication Date: 2008-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A0203

    Evidence that the father had no parental bond with his younger child, no stable employment or housing, failed to comply with requirements of a court-ordered reunification plan and continued to abuse

  • Coastal Marshlands Protection Committee v. Center for a Sustainable Coast

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, James D. Coots, John E. Hennelly, Assistant Attorneys General, Atlanta, and James A. Chamberlin Jr., Brunswick, for Coastal Marshlands Protection Committee. Christopher K. DeScherer S. Envtl. Law Ctr., Stephen E. O'Day Smith, Gambrell & Russell, Mary M. Asbill Turner Envtl. Law Clinic, Atlanta, and Charles C. Smith Jr. Smith & Floyd, St. Mary's, for Center for a Sustainable Coast. Patricia T. Barmeyer King & Spalding, for Point Peter LLP. Other party representation: R. Todd Silliman King & Spalding, Julie V. Mayfield The Georgia Conservancy, Atlanta, Dana F. Braun Karsman, Brooks & Callaway PC, Frank J. Perch III, Andrew H. Ernst Hunter, MacLean, Exley & Dunn PC, Savannah.
    for defendant:
    Case Number: A07A0752; A07A0753; A07A0897; A07A0934

    The ALJ erred in requi he Coastal Marshlands Protection Committee Committee to consider or regulate any aspect of the developer's adjacent high land and upland residential development in consid