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  • Guice v. Brown

    Publication Date: 2015-11-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Samuel Lucas, J. Anderson Davis Brinson, Askew, Berry, Seigler, Richardson Davis LLP, Rome, and Sean Hynes Downey Cleveland LLP, Marietta, for appellant.
    for defendant: Mason Rountree, Dallas, for appellee. Other party representation: Susan Taylor Law Offices of Stan Smith, Gulfport, MS.
    Case Number: A15A0847

    The defendant, a city employee, was entitled to summary judgment on the issue of immunity in a lawsuit arising out of a car accident, because the plaintiff failed to present any evidence or law suf

  • State v. Young

    Publication Date: 2015-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and Arthur C. Walton, Assistant District Attorney, Atlanta, for appellant.
    for defendant: William Head, Atlanta, for appellee.
    Case Number: A15A1347

    The totality of the circumstances would have given a reasonable officer probable cause to arrest the defendant for DUI less-safe and the trial court therefore erred in dismissing the DUI and serious

  • Surette v. Henry County Bd. of Tax Assessors

    Publication Date: 2015-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: John Roberts The Roberts Law Firm PC, Atlanta, for appellant.
    for defendant: . LaTonya Wiley Henry County Attorney's Office, and Patrick Jaugstetter Power Jaugstetter PC, McDonough, for appellee.
    Case Number: A15A0218

    The appellants were bound by their prior stipulation of value of their residential property entered in a consent

  • Potts v. State

    Publication Date: 2015-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: David Marshall, Marietta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A14A2350

    The trial court erred in failing to merge two of the defendant's aggravated assault convi with his armed robbery convi

  • The Four County Bank v. Tidewater Equip. Co.

    Publication Date: 2015-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Daniel Wilder Law Offices of Emmett L. Goodman Jr. LLC, Macon, for appellant.
    for defendant: Eugene Hatcher and Allen Orr Anderson Walker Reichert LLP, Macon, for appellee.
    Case Number: A14A1677

    The trial court properly granted summary judgment to the defendant in a bank's suit for trover and conversion, since the bank failed to file continuation statements in connection with its security i

  • Thomas v. State

    Publication Date: 2015-05-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Shelton Thomas, Oglethorpe, proceeded pro se. Paul L. Howard Jr., District Attorney, and David Getachew-Smith District Attorney's Office, Atlanta, for appellee.
    for defendant:
    Case Number: A14A2052; A14A2053; A14A2054; A14A2055

    The Court vacated the trial court's ruling on defendant's speedy trial motion and remanded the case to the trial court for it to re-balance the Barker fa

  • Southwestern Emergency Physicians PC v. Nguyen

    Publication Date: 2015-01-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Jeffrey Braintwain, Erica Jansen Huff, Powell Bailey LLC, Atlanta, and Carl Langley Watson Spence LLP, Albany, for appellant.
    for defendant: . Paul Phillips Flynn Peeler Phillips LLC, and Ralph Scoccimaro Brown Scoccimaro PC, Albany, for appellees.
    Case Number: A14A0942

    A jury question remained as to whether a 6-month-old, who was misdiagnosed as having a minor injury in a hospital e cy room as opposed to the serious injury she actually suffered, was provided

  • Allen v. Zion Baptist Church of Braselton

    Publication Date: 2014-08-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Jeffrey Harris, Madeline McNeeley Harris, Penn, Lowry, DelCampo LLP, Atlanta, Stephen Lowry Harris, Penn, Lowry LLP, Savannah, and Frederick Massey Hicks, Massey & Gardner LLP, Winder, for appellant.
    for defendant: . Carrie Christie and Courtney Norton Rutherford & Christie LLP, Atlanta, for appellees.
    Case Number: A14A0079

    A question of fact remained as to whether the defendant church violated its duty of care in hiring, retaining and supervising a youth program volunteer who sexually assaulted a

  • King v. State

    Publication Date: 2014-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Teresa Smith Public Defender's Office, Covington, for appellant.
    for defendant: Fredric Bright, District Attorney, Gray, and Alison Burleson, Assistant District Attorney, Madison, for appellee.
    Case Number: A13A1983

    Trial counsel's decision not to introduce evidence regarding the controlled drug buy at the defendant's house constituted reasonable trial strategy, since trial counsel was concerned that such evide

  • Davis v. State

    Publication Date: 2013-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Louie C. Fraser, District Attorney, and Robert Faircloth District Attorney's Office, Dublin, for appellee.
    Case Number: A13A0703

    Under the rule of lenity, the defendant could not receive the greater sentence imposed for aggravated sexual battery by the version of O.C.G.A. § 16-6-22.2 subsection c applicable after July 1, 2006