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  • Hopkins v. State

    Publication Date: 2014-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Long Vo Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Lee Darragh, District Attorney, Gainesville, Randall Schonder and Conley Greer District Attorney's Office, Dawsonville, for appellee.
    Case Number: A14A0908

    The trial court erred in imposing separate sentences on two counts of obtaining a controlled substance by fraud, as the defendant's single act of going to a pharmacy on a certain date to pick up the

  • Henderson v. Georgia Farm Bureau Mut. Ins. Co.

    Publication Date: 2014-08-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: John B. Long Tucker, Everitt, Long, Brewton & Lanier, Augusta, for appellant.
    for defendant: . Mark T. Dietrichs and Melissa K. Kahren Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellee.
    Case Number: A14A0242

    The trial court erred in granting the defendant-insurer's motion for j.n.o.v. following a jury verdict in favor of the plaintiffs in their action seeking benefits under a homeowners' insurance polic

  • In the Interest of D. P.

    Publication Date: 2014-03-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Azadeh Golshan Public Defender's Office, Newnan, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Atlanta, and Linda Taylor Hunnicutt & Taylor, Newnan, for appellee. Other party representation: Doris Orleck, Newnan.
    Case Number: A13A2496

    The juvenile court's failure to make express findings of fact to support its legal conclusion that the 4-year-old child would suffer serious harm unless the mother's rights were terminated required

  • Clayton Cnty. Bd. of Educ. v. Wilmer

    Publication Date: 2014-02-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A2088; A13A2094

    A county board of education failed to timely notify two tenured teachers in writing of the board's decision not to renew the teachers' contracts and of their right to a

  • In the Interest of D. C.

    Publication Date: 2013-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Yolanda Bacharach, Public Defender, and Mark Nathan, Assistant Public Defender, Savannah, for appellant.
    for defendant: Margaret Heap, District Attorney, and Allison Bailey, Assistant District Attorney, Savannah, for appellee.
    Case Number: A13A1161

    The juvenile court did not abuse its discretion in ordering the 15-year-old defendant to be confined in a youth development center for 36 months, followed by 12 months of intensive supervised probat

  • Anderson v. Jones

    Publication Date: 2013-07-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A0507; A13A0508; A13A0509

    The trial court properly granted summary judgment to the attorney and his law firm in a legal malpractice case based on the attorney's representation of the plaintiff in settling her family's person

  • Kirchner v. State

    Publication Date: 2013-06-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Stephen Scarborough, Atlanta, for appellant.
    for defendant: Garry Moss, Shannon Wallace, District Attorneys, and Cliff Head, Assistant District Attorney, Canton, for appellant.
    Case Number: A13A0103

    The evidence was sufficient to support a finding t e defendant exercised dominion and control over the marijuana police found in her son's locked gun safe within her home, as it was undisputed

  • Neill v. Brannon

    Publication Date: 2013-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Christopher Moore Van Sant Law LLC, Cumming, for appellant.
    for defendant: James Argo Argo Law Office PC, Lawrenceville, for appellee.
    Case Number: A12A2560

    The Court reversed the grant of the biological father's legitimation petition since he had abandoned his opportunity interest in establishing a parent- relationship with his 7-year-old

  • Olagbegi v. Hutto

    Publication Date: 2013-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Neville Francis, Atlanta, and Toby Morgan, Decatur, for appellant.
    for defendant: . Timothy Griffith, Sumter, S. C., for appellee.
    Case Number: A12A2496

    The plaintiff failed to meet his burden of presenting any competent evidence to show the amount of 401K retirement funds that he allegedly withdrew and applied towards his $158K obligation on the p

  • Choate Constr. Co. v. Auto-Owners Ins. Co.

    Publication Date: 2012-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Reginald Williamson Kilpatrick Stockton LLP, Atlanta, for appellant.
    for defendant: Matthew Jones, Chad Reed, and Nicole Burgess Busch & Reed, Marietta, for appellee. Other party representation: Henry Quillian Taylor English Duma LLP, Brenda Orrison Porter & Barrett, Atlanta, and Thaddeus Dedmon, Jasper, proceeded pro se.
    Case Number: A12A1045

    A question remained as to whether a subcontractor and another named company were the same business entity for the purpose of bonds on a subcontract to perform work for the construction of fraternity