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  • Nissan North America, Inc. v. Walker-Jones Nissan, LLC

    Publication Date: 2018-04-19
    Practice Area: Contracts
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Tracy Brown (Attorney at Law), Jesup; Samuel Hutto, Christopher Genovese (Nelson Mullins Riley & Scarborough LLP), Columbia, for appellant.
    for defendant: David Conner, Robert Kutchey (The Conner Law Group, PC.), Savannah; Daniel Snipes (Taulbee, Rushing, Snipes, Marsh & Hodgin, LLC), Statesboro, for appellee. Ronald Thomas (Thomas & Settle), Waycross; Graham Floyd (Attorney at Law), Baxley, for other party.
    Case Number: A17A2018

    The trial court erred in granting an interlocutory injunction in connection with a proposed sale of a car dealership, as the trial court erred in finding that petitioner was likely to succeed on the merits of its claims and that petitioner would suffer irreparable injury absent injunctive relief.

  • Ray v. State

    Publication Date: 2018-04-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Amanda Speights, Benjamin Huntington (Speights Law PC), Canton; Scott Poole (Grisham & Poole, PC), Canton, for appellant.
    for defendant: Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Shannon Wallace (District Attorney), Canton, for appellee.
    Case Number: A18A0333

    The Court vacated the denial of defendant's motion for new trial following his convictions for rape and two counts of sexual battery and remanded for further proceedings to determine if he was entitled to a new trial based on ineffective assistance of counsel and the exclusion of certain evidence.

  • Georgia Casualty & Surety Company v. Valley Wood, Inc.

    Publication Date: 2018-04-19
    Practice Area: Civil Procedure | Insurance Litigation
    Industry: Insurance | Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Jerry Buchanan, Shannon Land (Buchanan & Land, LLP), Columbus; Patrick Fagan, Naveen Ramachandrappa, Frank Lowrey (Bondurant, Mixson & Elmore LLP), Atlanta, for appellant.
    for defendant: Neal Callahan, David Helmick, Clarence Mullin (Waldrep, Mullin & Callahan), Columbus, for appellee.
    Case Number: A17A2093

    In an insurance coverage case, the trial court exceeded its authority under the Declaratory Judgment Act by issuing a coercive declaratory judgment so the Court of Appeals vacated the order and remanded the case with direction.

  • Ramirez v. The State

    Publication Date: 2018-04-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Micah Jay Gates (Office of the Public Defender for the Conasuaga Judicial Circuit), Dalton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Herbert McIntosh Poston Jr. (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee.
    Case Number: S17A1662

    The trial court did not abuse its discretion in excluding evidence of other incidents of criminal activity at a bar where defendant shot two security guards.

  • Wimbush v. The State

    Publication Date: 2018-04-19
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Therian Wimbush, Hawkinsville, for appellant.
    for defendant: Dan Mayfield (District Attorney's Office), Lawrenceville; Daniel Porter (District Attorney), Lawrenceville, for appellee.
    Case Number: A17A2056

    The evidence sufficiently supported defendant's convictions for three counts of cruelty to children in the second degree after she locked one child in a closet in a basement for nearly two years and failed to seek medical care for a second child who had a cancerous tumor.

  • The State v. Stroud

    Publication Date: 2018-04-18
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A17A1851

    The trial court properly granted defendant's motion in limine to suppress evidence of his refusal to submit to a state-administered chemical test of his blood, breath, or urine in his trial for DUI-less safe and failure to maintain lane, as the arresting officer's error in misreading the implied consent notice substantively changed the meaning of the notice and misled defendant as to a serious consequence of refusing to submit to testing thus depriving defendant of making an informed decision about whether to consent to the testing.

  • The State v. Orr

    Publication Date: 2018-04-18
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Emily Johnson (District Attorney's Office Rome Judicial Circuit), Rome; Leigh Patterson (District Attorney), Rome; Luke Martin (Floyd County District Attorney), Rome, for appellant.
    for defendant: Benjamin Pierman (McCurdy & Candler LLC), Decatur, for appellee.
    Case Number: A17A2096

    The trial court did not err in granting defendant's motion for new trial following his convictions for family violence battery and cruelty to children in the third degree because the prosecutor impermissibly commented on defendant's pre-arrest silence in her closing argument and the error was not harmless.

  • Georgia Pacific Consumer Products, LP v. Ratner, et al.

    Publication Date: 2018-04-18
    Practice Area: Environmental Law | Real Estate
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: David Hudson (Hull Barrett, PC), Augusta; Edward Hughes (Callaway, Braun, Riddle & Hughes, PC), Savannah; Quentin Marlin, Ryburn Ratterree, Philip Thompson (Ellis Painter Ratterree & Adams LLP), Savannah, for appellant.
    for defendant: John Bell (Bell & Brigham), Augusta; Timothy Roberts, Benjamin Perkins (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A17A1969

    In plaintiffs' suit alleging that a paper mill damaged their property and interfered with the use and enjoyment of their property, the Court reversed the denial of the mill's motion for summary judgment on plaintiffs' claim for nuisance, as the mill was immune from nuisance liability under Georgia's right to farm statute, and found that the mill was entitled to summary judgment on plaintiffs' claims for negligence, trespass, and all derivative claims.

  • Blackmon et al. v. Pena

    Publication Date: 2018-04-18
    Practice Area: Contractual Disputes
    Industry: Construction | Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Walker Chandler (Office of the Public Defender), Peachtree City, for appellant.
    for defendant: C. Melton (Haygood, Lynch, Harris & Melton & Watson), Forsyth, for appellee.
    Case Number: A17A1500

    Evidence Supported Finding That Contractor Failed to Complete Bargained-For Restaurant Improvements

  • Smith v. The State

    Publication Date: 2018-04-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Jackie Patterson (Attorney at Law), Atlanta, for appellant.
    for defendant: Jamie Inagawa (Fayette County Solicitor-General), Fayetteville; Joseph Myers (Chief Assistant Solicitor), Fayetteville, for appellee.
    Case Number: A18A0800

    The Court reversed defendant's conviction for DUI-less safe because State failed to prove venue beyond a reasonable doubt.