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  • Washington v. State

    Publication Date: 2016-12-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jacque Hawk The Hawk Firm, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Joshua Smith District Attorney's Office, Augusta, for appellee.
    Case Number: A16A1430

    The trial court abused its discretion in denying defendant's double jeopardy plea in bar as to felony m

  • State v. Banks

    Publication Date: 2016-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jacquelyn Johnson, District Attorney, Brunswick, and Andrew Ekonomou The Lambros Firm LLC, Atlanta, for appellant.
    for defendant: Richard Allen, Kingsland, and Kevin Gough, Brunswick, for appellee.
    Case Number: A16A0602

    The trial court erred in granting the defendant's motion for new trial based on ineffective assistance of counsel following his convictions for aggravated child molest and child molest

  • Postell v. Alfa Ins. Corp.

    Publication Date: 2015-04-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Crandall Postell and Sharon Davis, Warner Robins, proceeded pro se. James Fisher Hall Booth Smith Slover PC, Atlanta, Thomas Allen, William Larsen Martin Snow LLP, John Carey, Macon, C. Robert Melton Haygood, Lynch, Harris, Melton Watson, Forsyth, Sherman Moody, Perry, and Kaycee Hopwood Hinshaw Culbertson LLP, Chicago, Ill., for appellees.
    for defendant:
    Case Number: A14A2301

    The trial court was authorized to dismiss the appeal based on the appel delay in filing a transcript because the delay was unreasonable, inexcusable and caused by the appel

  • Charles v. Butler

    Publication Date: 2015-04-21
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Margaret Kinnear Atlanta Legal Aid Society, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, and Kimberly Lewis, Assistant Attorney General, Atlanta, for appellees.
    Case Number: A14A2095

    The Department of Labor failed to prove that the unemployment benefits recipient committed fraud within the meaning of O.C.G.A. § 34-8-255 when he underreported his income from a part-tim

  • Smith v. Graham Constr. Co. Inc.

    Publication Date: 2014-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kathryn Pinckney and Brent Savage Savage & Turner PC, Savannah, for appellant.
    for defendant: . Ian Rapaport, Atlanta, for appellees.
    Case Number: A14A0556

    The exclusivity provision of the Georgia Workers' Compensation Act barred the plaintiff's action seeking to recover for an injury he received while working on a construction project in North Car

  • Goins v. The Family Y

    Publication Date: 2014-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Richard Goolsby The Goolsby Law Firm LLC, Augusta, for appellant.
    for defendant: . Charles Beans Shivers & Associates, Alpharetta, for appellees.
    Case Number: A13A1778

    Summary judgment for the defendant was proper on the plaintiffs' negligence and fraud claims arising out of their 16-year-old son's death after he collapsed while exercising with a certified persona

  • MCG Health Inc. v. Kight

    Publication Date: 2013-12-18
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David Hudson Hull Barrett PC, Augusta, for appellant.
    for defendant: Sam Nicholson and Harry Revell Nicholson Revell LLP, Augusta, for appellee.
    Case Number: A13A1149

    The absence of a debt owed to the hospital under a contract with the patient's insurer could not be construed as a waiver or preclusion of the hospital's lien r

  • Nebo Ventures LLC v. NovaPro Risk Solutions LP

    Publication Date: 2013-12-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert Martin McKenna Long & Aldridge LLP, and Bruce Brown, Atlanta, for appellant.
    for defendant: James Standard Hall Booth Smith PC, Atlanta, for appellee.
    Case Number: A13A1324

    The trial court erred in granting summary judgment to the defendant on the plaintiff's fraud claim arising from the parties' contract, as issues of remained for the trier of

  • Maddox v. State

    Publication Date: 2013-07-29
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: H. Bradford Morris and Clinton Teston Public Defender's Office, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, and Wanda Vance, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A13A0795

    The State was not required to prove that the defendant had sole constructive possession of the contraband, as proof of joint constructive possession was sufficient to obtain a conviction for cocaine

  • Ferrell v. Young

    Publication Date: 2013-07-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Adam Appel Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellant.
    for defendant: Michael Harper, Atlanta, for appellee. Other party representation: Samuel S. Olens, Attorney General, and Devon Orland, Assistant Attorney General, Atlanta.
    Case Number: A13A0560

    The superior court erred in denying the defendant's motion to open default, as it improperly found that he failed to comply with two of the four necessary conditions and thus that it lacked discreti