• Great Water Lanier, LLC v. Summer Crest At Four Seasons On Lanier Homeowners Association, Inc.

    Publication Date: 2018-01-19
    Practice Area: Contracts | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Tom Pye (Attorney at Law), Norcross, for appellant.
    for defendant: Jason LoMonaco (Nowack Howard, LLC), Atlanta, for appellee.

    Case Number: A17A1810

    Homeowners Association was entitled to summary judgment in landowner's action seeking a declaratory judgment that its land was not burdened by the declaration of covenants applicable to the subdivision, because landowner accepted a deed that unambiguously conveyed the land subject to the declaration of covenants, and, by doing so, voluntarily consented to be bound by such covenants.

  • Daniels v. The State

    Publication Date: 2018-01-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Christopher Daniels (Coffee Correctional Facility), Nicholls, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.

    Case Number: A17A2099

    The sentences the trial court imposed following defendant's negotiated guilty plea to 10 counts of statutory rape and seven counts of child molestation were illegal and void because they did not include split sentences and imposed probation-only sentences for two of the statutory rape offenses; accordingly, the Court vacated and remanded for resentencing.

  • Bishop v. Goins et al.

    Publication Date: 2018-01-18
    Practice Area: Attorney Rates and Arrangements | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: William Turner (Turner & Lawrence, P.C.), Jackson, for appellant.
    for defendant: Hays McQueen (Jones Cork & Miller LLP), Macon, for appellee.

    Case Number: A17A2058

    The trial court was authorized to award plaintiffs attorney fees after they successfully petitioned the superior court for stalking protective orders against defendants and defendants unsuccessfully appealed, as O.C.G.A. § 16-5-94 (d) (3) authorizes such awards in connection with appellate proceedings.

  • Hall v. The State

    Publication Date: 2018-01-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Timothy Lam (Attorney at Law), Monticello, for appellant.
    for defendant: Stephen Bradley (District Attorney, Ocmulgee Judicial Circuit), Milledgeville; Allison Mauldin (Assistant District Attorney), Greensboro, for appellee.

    Case Number: A17A2009

    The trial court did not err in denying defendant's motion to withdraw his guilty plea to child molestation and aggravated stalking because the chief jailer's comments to the defendant before his scheduled trial did not compel a finding of duress.

  • Harris v. The State

    Publication Date: 2018-01-17
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: John Overocker (Office of the Public Defender Coweta Judicial Circuit), Carrollton, for appellant.
    for defendant: Anne Allen (Assistant District Attorney Coweta Judicial Circuit), Carrollton; Peter Skandalakis (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.

    Case Number: A17A1941

    The record supported the trial court's finding that the prosecutors failure to redact a video recording of defendant's interview with an investigator, which led to a mistrial, was not made purposefully to subvert double jeopardy protections and the trial court, therefore, did not err in denying defendant's plea in bar/motion in autrefois convict in which he contended that the double jeopardy clause barred his further prosecution for child molestation.

  • In Re Estate Of Joe Leonard, Jr.

    Publication Date: 2018-01-16
    Practice Area: Civil Procedure | Government | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Timothy Allred, R. Waycaster (Attorney at Law), Dalton, for appellant.
    for defendant: Steven Rodham, Ronald Womack (Womack, Gottlieb & Rodham, PC.), Lafayette, for appellee.

    Case Number: A15A1802

    A presentment of a claim against a county under O.C.G.A. § 36-11-1 may be submitted to the governing authority by way of the county attorney as a matter of law, regardless of whether the attorney is an inside or outside county attorney; accordingly, the trial court erred in granting summary judgment to county after finding that plaintiff failed to comply with the statutory requirements for presentment in his negligence action arising after he was injured while riding a county-operated bus.

  • Adams v. The State

    Publication Date: 2018-01-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Samuel Sliger (McDonald & Cody, LLC), Cornelia, for appellant.
    for defendant: Stephanie Woodard (Solicitor General), Gainesville; Michael George (Hall County Solicitor General's Office), Gainesville, for appellee.

    Case Number: A17A1977

    In defendant's DUI trial, the trial court did not err in allowing State to introduce evidence of defendant's prior DUI arrest and evidence of an administrative license suspension stipulation in which the arresting officer and defense counsel agreed that defendant would enter a guilty plea to a DUI charge in the criminal case in exchange for the officer withdrawing his sworn report and suspending the license suspension proceeding.

  • Anderson v. Lewis, et al.

    Publication Date: 2018-01-11
    Practice Area: Civil Procedure | Motor Vehicle Torts | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Allen Bodiford (Attorney at Law), Stockbridge, for appellant.
    for defendant: Russell Davis, Michael Patterson (Downey & Cleveland, LLP), Marietta, for appellee. Ashley Howard (Lynn Leonard & Associates), Atlanta, for other party.

    Case Number: A17A1898

    In an automobile accident case, the dismissal of one defendant due to plaintiff's failure to perfect service on him did not constitute an adjudication on the merits and provided no basis for granting summary judgment for the other defendant, the first defendant's grandfather, as the dismissal was not fatal to the derivative liability claim under the family purpose doctrine.

  • Goldstein, Garber & Salama, LLC v. J. B.

    Publication Date: 2018-01-10
    Practice Area: Civil Appeals | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: H. Young, Matthew Barr (Hawkins Parnell Thackston & Young LLP), Atlanta; Jonathan Freiman, Tadhg Dooley (Wiggin and Dana LLP), New Haven, for appellant.
    for defendant: Jennifer Jordan, for appellee.

    Case Number: A15A1491

    The trial court erred in denying defendant dental clinic's motions for directed verdict on plaintiff patient's negligence per se and professional negligence claims arising after a certified registered nurse anesthetist molested her while she was sedated for a dental procedure.

  • In Re Dillon

    Publication Date: 2018-01-09
    Practice Area: Criminal Law | Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Seth Kirschenbaum (Davis Zipperman Kirschenbaum & Lotito), Atlanta; James Spence (Wilson Morton & Downs, LLC), Decatur, for appellant.
    for defendant: Keith Gammage (Fulton County Solicitor General), Atlanta; Paul Howard (District Attorney), Atlanta; Dominique Martinez, Kaye Burwell (Office of the Fulton County Attorney), Atlanta; Patrise Perkins-Hooker, Paula Rafferty (Fulton County Attorney's Office), Atlanta, for appellee.

    Case Number: A17A1723

    The evidence was sufficient to support an attorney's conviction for criminal contempt of court after he repeatedly filed several nearly identical petitions for scire facias under the wrong case number, the last of which was filed after the trial court had admonished him not to do so.