• Ellis v. The State

    Practice Area: Constitutional Law|Criminal Law
    Industry:
    Date Filed: 2017-11-21 00:00:00:000
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Monte Davis (Attorney at Law), Roswell, for appellant.
    for defendant: Emily Johnson (District Attorney's Office Rome Judicial Circuit), Rome; Leigh Patterson (District Attorney), Rome, for appellee.

    Docket Number: A17A0659

    The trial court erred in key factual findings and failed to balance the relevant legal factors when it denied defendant's plea in bar on constitutional speedy trial grounds.

  • Benson et al. v. Ward

    Practice Area: Legal Malpractice
    Industry: Legal Services
    Date Filed: 2017-11-21 00:00:00:000
    Court: Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: N/a
    for defendant: N/a

    Docket Number: A17A0661

    The trial court erred in denying attorney's motion for summary judgment in former client's legal malpractice action because former client could not show that attorney's actions were the proximate cause of damages to the client.

  • Fulton County, Georgia v. Soco Contracting Company, Inc.

    Practice Area: Civil Procedure|Contracts
    Industry: Construction
    Date Filed: 2017-11-21 00:00:00:000
    Court: Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Ronald Freeman, Cathy Nash, Bethany White (Johnson & Freeman, LLC), Union City; Cheryl Ringer (Office of the Fulton County Attorney), Atlanta; Denval Stewart (Office of the County Attorney), Atlanta, for appellant.
    for defendant: David Roberts (Roberts Construction Law, LLC), Atlanta, for appellee. Larry Ramsey (ACCG), Atlanta, for amicus curiae.

    Docket Number: A17A1001

    The trial court erred in denying county's motion for summary judgment in construction company's suit arising out of a contract for the construction of a cultural center because county was entitled to sovereign immunity on causes of action related to unwritten change orders.

  • Emanuel, et al. v. Kautz

    Practice Area: Civil Procedure|Government
    Industry: State and Local Government
    Date Filed: 2017-11-21 00:00:00:000
    Court: Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Anthony Powell, Wesley Ross, Joseph Emanuel (Webb, Tanner & Powell, PC.), Lawrenceville, for appellant.
    for defendant: Phyllis Miller (Attorney at Law), Lawrenceville, for appellee. Zahra Karinshak (Krevolin & Horst, LLC), Atlanta; S. Tate (Akin & Tate), Cartersville, for other party.

    Docket Number: A17A1284

    The trial court properly awarded appellate attorney fees to Snellville mayor after she successfully appealed the trial court's decision in her declaratory judgment action against the members of the City Council in which she sought a declaration that she had sole authority to terminate the employment of the city attorney.

  • Auto-Owners Insurance Company v. Tracy

    Practice Area: Contracts|Insurance Law
    Industry: Insurance
    Date Filed: 2017-11-21 00:00:00:000
    Court: Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: N/a
    for defendant: N/a

    Docket Number: A17A1318

    The trial court erred in denying insurer's motion to dismiss plaintiff's breach of contract action because plaintiff lacked privity of contract with insurer and had not obtained a monetary judgment against its insured; plaintiff thus could not maintain a direct action against insurer.

  • Carpenter v. The State

    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-11-20 00:00:00:000
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: August Siemon (Attorney at Law), Atlanta, for appellant.
    for defendant: Marie Banks (Houston County District Attorney), Perry; George Hartwig (District Attorney Houston Judicial Circuit), Perry, for appellee.

    Docket Number: A17A1354

    Defendant failed to prove his ineffective assistance of counsel claim based on trial counsel's failure to object to the victim's in-court identification, because any objection would have been meritless and failure to raise a meritless objection does not constitute deficient performance; however, the trial court erred in failing to merge certain counts for sentencing.

  • Blue Ridge Auto Auction v. Acceptance Indemnity Insurance Company, Inc.

    Practice Area: Insurance Law
    Industry:
    Date Filed: 2017-11-20 00:00:00:000
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Robert Benfield (Law Offices of Robert H. Benfield, Jr.), Atlanta, for appellant.
    for defendant: James Strawinski (Strawinski & Stout, P. C.), Atlanta; Jay O'Brien (Attorney at Law), Atlanta, for appellee.

    Docket Number: A17A0840

    The trial court erred in granting summary judgment to insurer and denying summary judgment to plaintiff because the language in the insurance policy crucial to the determination of whether plaintiff was an insured was ambiguous and because the Court must construe ambiguities against the insurer, the Court concluded that plaintiff was an insured under the policy.

  • Carter v. The State

    Practice Area: Criminal Law|Judges
    Industry:
    Date Filed: 2017-11-20 00:00:00:000
    Court: Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Michael Tarleton (The Appellate Division – GPDC), Atlanta, for appellant.
    for defendant: Robert James (District Attorney), Decatur; Sherry Boston (DeKalb County District Attorney), Decatur; Gerald Mason (DeKalb County District Attorney's Office), Decatur, for appellee.

    Docket Number: A17A0860

    The trial court did not violate the former version of O.C.G.A. 17-8-57 when it reminded a witness during her direct examination that she was in the room when a co-defendant uttered a threat; accordingly, the Court affirmed defendant's convictions for aggravated assault and other crimes.

  • Atwater et al. v. Tucker

    Practice Area: Constitutional Law|Government
    Industry: Education|State and Local Government
    Date Filed: 2017-11-20 00:00:00:000
    Court: Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Janet Scott, A. Welch (Smith, Welch, Webb & White, LLC), McDonough; Larry Mims, Ross Pittman (Attorney at Law), Tifton; Megan Pearson (Attorney at Law), McDonough, for appellant.
    for defendant: Craig Webster (Attorney at Law), Tifton, for appellee.

    Docket Number: A17A0722

    County school officials were entitled to official immunity in teacher's suit under 42 USC § 1983 alleging that they violated her First Amendment rights by disciplining her after she posted a particular comment on a social media website and the trial court thus erred in denying their motion for judgment on the pleadings.

  • The State v. Peabody

    Practice Area: Criminal Appeals|Government
    Industry:
    Date Filed: 2017-11-20 00:00:00:000
    Court: Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Lara Snow (Cherokee County D.A.'S Office), Canton; Shannon Wallace (District Attorney), Canton, for appellant.
    for defendant: David Willingham (Willingham Law Firm, P.C.), Marietta, for appellee.

    Docket Number: A17A1258

    The trial court properly granted former lieutenant's motion to quash an indictment against him for two counts of aggravated cruelty to animals in connection with the hot-car death of his K-9 dog because he was acting within the scope of his official job duties when the alleged crimes occurred and he was therefore entitled to the protections afforded by O.C.G.A. § 17-7-52, including timely notice of the grand jury proceeding and a copy of the proposed indictment, but State failed to comply with those statutory mandates.

  • Graham v. Reynolds et al

    Practice Area: Civil Procedure|Medical Malpractice
    Industry:
    Date Filed: 2017-11-17 00:00:00:000
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Myers, Brynda Insley, Philip Henderson (Insley & Race LLC), Atlanta, for appellant.
    for defendant: Marc Metts (Metts Law Firm), Douglas; Patrick Jaugstetter (Power & Jaugstetter, P. C.), McDonough; Thomas McFarland (Bruce McFarland Law), McDonough, for appellee.

    Docket Number: A17A0709

    The trial court properly denied defendant's motion to dismiss plaintiffs' medical malpractice action because, contrary to defendant's contention, plaintiffs' expert's affidavit was sufficient to meet the requirements of O.C.G.A. 9-11-9.1.