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  • Catoosa County, Georgia, et al. v. Rome News Media

    Publication Date: 2019-04-10
    Practice Area: Legislation
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Clifton Patty, (Attorney at Law), Ringgold, Christopher Young, Christopher Harris, (Patty & Young, Attorneys At Law, LLC), Ringgold, for appellant.
    for defendant: Ansel Beacham, (Attorney at Law), Rome, Robert Berry, (Brinson, Askew, Berry, Rich, Seigler, Richardson), Rome, David Hudson, (Hull Barrett, PC), Augusta, for appellee.
    Case Number: A18A1701

    Court Affirms Trial Court Order Granting Permanent Injunction Against Country That Sought to Designate Newspaper Whose Operations Were Headquartered Outside of County as Official Newspaper in Contravention of Statutory Requirements

  • Garner v. The State

    Publication Date: 2018-07-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Dell Jackson (Attorney at Law), Atlanta, for appellant.
    for defendant: Layla Zon (District Attorney), Covington; Tabitha Rogers (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A18A0157

    The evidence supported defendant's convictions for first-degree cruelty to children, rape, statutory rape, aggravated sodomy and several other sex offenses arising out of acts defendant committed against his stepchildren while their mother was in prison.

  • Rollins et al. v. LOR, Inc., et al.

    Publication Date: 2018-06-20
    Practice Area: Civil Procedure | Trusts and Estates
    Industry: Investments and Investment Advisory
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: H. Mixson, Timothy Rigsbee, Robert Ashe, (Bondurant Mixson & Elmore LLP), Atlanta; Thomas Rafferty, Antony Ryan, Samira Shah (Cravath, Swaine & Moore LLP), New York, for appellant.
    for defendant: Alan Bakowski, James Lamberth, William Withrow (Troutman Sanders LLP), Atlanta, for appellee.
    Case Number: A18A0638

    Family Business Trustees' Claims Against Business Managers Were All Either Time-Barred or Derivative in Nature

  • Mays v. The State

    Publication Date: 2018-05-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Charles Cauble (Daniels & Cauble PC), Newnan, for appellant.
    for defendant: Peter Skandalakis (Prosecuting Attorneys' Council of Georgia), Morrow; John Cranford (Coweta Judicial Circuit), Newnan, for appellee.
    Case Number: A18A0434

    The trial court correctly concluded that it was not required, under O.C.G.A. § 17-10-1 (a) (1) (B), to include a behavioral-incentive date in defendant's 10-year sentence of probation after he pleaded guilty as a first offender to one count each of aggravated assault, misdemeanor family-violence battery and third-degree cruelty to children because defendant was not convicted of any felony offenses, as a first offender guilty plea does not constitute a conviction.

  • Frye v. The State

    Publication Date: 2018-03-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: John Overocker (Office of the Public Defender Coweta Judicial Circuit), Carrollton, for appellant.
    for defendant: Anne Allen (Assistant District Attorney), Carrollton; Peter Skandalakis (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.
    Case Number: A17A1554

    The trial court did not abuse its discretion in excluding certain evidence defendant sought to admit in his trial for child molestation and aggravated sexual battery of his minor granddaughter because the proposed evidence did not comport with the narrow exception to Georgias Rape Shield statute.

  • Stanley v. Government Employees Insurance Company

    Publication Date: 2018-02-13
    Practice Area: Insurance Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Clyde Rickard (Rickard & Nix), Atlanta; Jessica Nix (The Law Office of Rickard & Nix), Atlanta, for appellant.
    for defendant: Frederick Valz, T. Bell (Carlock, Copeland & Stair, LLP), Atlanta, for appellee. Alissa Young, Long Eddy, for other party.
    Case Number: A17A1813

    Insurer was entitled to summary judgment in plaintiff's action seeking uninsured motorist coverage from his fiancs parents automobile insurance carrier.

  • Patton v. Vanterpool

    Publication Date: 2017-11-07
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Richard Allen Sanders, Jr. (Andrews & Sanders Law Offices), Savannah, for appellant.
    for defendant: David Benton Purvis, Michael Eric Manely (The Manely Firm, PC.), Marietta, for appellee.
    Case Number: S17A0767

    The Court reversed the grant of summary judgment to mother on the issue of paternity in a divorce action, finding that O.C.G.A. 19-7-21, which creates an irrebuttable presumption of legitimacy with respect to children conceived by means of artificial insemination does not extend to children conceived by in-vitro fertilization treatment.

  • Zelda Enterprises, LLLP et al. v. Guarino et al.

    Publication Date: 2017-10-20
    Practice Area: Legal Education
    Industry:
    Court: Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Melissa Gilbert, Todd Hatcher (Gregory, Doyle, Calhoun & Rogers, LLC), Marietta, for appellant.
    for defendant: Robert Ingram, Tammi Brown (Moore Ingram Johnson & Steele, LLP), Marietta; Carey Olson (Attorney at Law), Marietta, for appellee.
    Case Number: A16A1437

    In granting appellees' motion to disqualify appellants' counsel, the trial court failed to first assess whether appellees waived the opportunity to move for disqualification of counsel before granting the motion; accordingly, the Court vacated the order granting the motion and remanded for further proceedings.