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  • Garcia v. Shaw Indus. Inc.

    Publication Date: 2013-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Brent Savage, Savannah, for appellant.
    for defendant: Amy Auffant, Stanford Wilson, Porsche Leonce, and William Deveney Elarbee, Thompson, Sapp & Wilson LLP, Atlanta, for appellee.
    Case Number: A12A1667

    The plaintiff failed to show that her former employer acted out of malice when it filed an administrative fraud complaint with the Georgia State Board of Workers' Compensation alleging that she was

  • Sherman v. Development Auth. of Fulton Cnty.

    Publication Date: 2013-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: John Woodham Woodham & Associates LLC, Atlanta, for appellant.
    for defendant: Paul Howard, District Attorney, Cary Ichter, S. Renee Huskey Ichter Thomas LLC, Lewis Horne Schiff Hardin LLP, William Holby, and Benjamin Easterlin King & Spalding, Atlanta, for appellees.
    Case Number: A12A2111

    The trial court's order validating and confirming Fulton County's issuance of taxable revenue bonds and bond security documents was vacated and remanded for the trial court to enter a new order con

  • Oxmoor Portfolio LLC v. Flooring and Tile Superstore of Conyers Inc.

    Publication Date: 2013-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Vivian Uchitel and Andrew Hagenbush Simpson Law Offices LLP, Atlanta, for appellant.
    for defendant: Elizabeth Pope The Pope Law Firm PC, Covington, for appellee.
    Case Number: A12A2265

    The trial court erred in granting the garnishee's motion to set aside a default judgment because the garnishee failed to show a nonamendable defect appearing on the face of the r

  • Lee v. State

    Publication Date: 2013-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: M. Paul Reynolds Houck & Regas LLC, Atlanta, for appellant.
    for defendant: James McDade, District Attorney, and James Dooley, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A12A2420

    The trial court properly declined to instruct the jury on the defense of accident, since the evidence showed that as the defendant attempted to elude the police while in the commission of his crimes

  • Tudor v. State

    Publication Date: 2013-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Lora Alsher Georgia Public Defender Standards Council and Christopher Paul Public Defender's Office, Cartersville, for appellant.
    for defendant: Herbert Poston, District Attorney, and Susan Franklin, Assistant District Attorney, Dalton, for appellee.
    Case Number: A12A1676

    The evidence showing that the defendant called the victim into the kitchen from the living room for the purpose of molesting her was sufficient to satisfy the asportation element of the enticing a c

  • Littlejohn v. State

    Publication Date: 2013-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Wendell Adams Public Defender's Office, Dublin, for appellant.
    for defendant: Richard Milam, District Attorney, and Lauren Love, Assistant District Attorney, Jackson, for appellee.
    Case Number: A12A2456

    The defendant's Batson challenge did not present a basis for reversal, since he failed to prove that the State's peremptory strikes were motivated by discriminatory i

  • February 26, 2013 |

    Policy’s Caption Does Not Limit Policy’s Text, New Hampshire Supreme Court Finds

    The New Hampshire Supreme Court has affirmed a lower court’s decision finding coverage under a commercial general liability (“CGL”) insurance…

    1 minute read

  • Kammerer Real Estate Holdings LLC v. PLH Sandy Springs LLC

    Publication Date: 2012-12-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Craig K. Pendergrast and E. Peyton Nunez Taylor English Duma LLP, Atlanta, for appellant.
    for defendant: Dana L. Jackel and Christopher L. Phillips Jackel & Phillips PC, Marietta, for appellee.
    Case Number: A12A1435

    The trial court properly determined that the appellant had a duty, pursuant to an express easement, to maintain and repair a sewer line that traversed the appellee's pro

  • Cox v. Mayan Lagoon Estates Ltd.; Cox v. Constantino

    Publication Date: 2012-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James Tribble The Barnes Law Group LLC, Marietta, for appellant.
    for defendant: Gregory Schultz, Deborah Livesay Taylor English Duma LLP, and Jonathan Crumly Maner Crumly Chambliss LLP, Atlanta, for appellees. Frank Constantino, Rock Springs, proceeded pro se.
    Case Number: A12A1062; A12A1063

    A proposed settlement was admissible for the limited purpose of showing whether the individual defendant was the agent of two corporate defen

  • In the Interest of L. B.

    Publication Date: 2012-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Carolyn Altman, Douglasville, for appellant.
    for defendant: Ernest Crosby, Atlanta, and Thinel Bishop, Villa Rica, for appellee. Other party representation: Victoria Ward, Douglasville.
    Case Number: A12A1567

    The language of OCGA § 15-11-30.1 a 2 A does not restrict the juvenile court's jurisdiction to appoint a permanent guardian to only those children in DFCS cu