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  • Jannuzzo v. State

    Publication Date: 2013-07-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John Smith Smith Horvath LLC, Atlanta, for appellant.
    for defendant: Patrick H. Head, D. Victor Reynolds, District Attorneys, Amelia Pray District Attorney's Office, and John Butters, Marietta, for appellee.
    Case Number: A13A0683

    The State failed to carry its burden of proving that it brought charges of felony theft by conversion in violation of O.C.G.A. § 16-8-4 and one count of violation of the Georgia RICO Act within the

  • Felton v. State

    Publication Date: 2013-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Angela Coggins Public Defender's Office, Perry, for appellant.
    for defendant: George Hartwig, District Attorney, and Marie Banks District Attorney's Office, Perry, for appellee.
    Case Number: A13A0244

    The officer was not authorized to pat-down the defendant because he never testified that he believed the defendant was armed and dang

  • Excelsior Elec. Membership Corp. v. Georgia Pub. Serv. Comm'n

    Publication Date: 2013-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Richard Tisinger Tisinger Vance PC, Carrollton, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Alex Sponseller, Assistant Attorney General, Heather Smith, and Robert Edwards Troutman Sanders Lockerman & Ashmore LLP, Atlanta, for appellee.
    Case Number: A13A0154

    The Public Service Commission properly applied the grandfather clause of O.C.G.A. § 46-3-8 subsection b in determining that the defendant was authorized to continue service that it had been lawfully

  • Reyes v. State

    Publication Date: 2013-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Frances Kuo District Attorney's Office, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Jonesboro, and Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Decatur, for appellee.
    Case Number: A13A0174

    The trial court properly declined to give a sua sponte jury instruction on the rebuttable presumption that methamphetamine officers found hidden in the car was in the exclusive possession of the car

  • Georgia Dep't of Transp. v. Griggs

    Publication Date: 2013-07-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Bryon Thernes, Assistant Attorney General, and Sharon Horne Attorney General's Office, Atlanta, for appellant.
    for defendant: Thomas Cuffie, George French, and Harold Spence The Cuffie Law Firm, Atlanta, for appellee.
    Case Number: A13A0606

    The plaintiff complied with the ante litem notice requirements of O.C.G.A. § 50-21-26 because she identified the portion of the interstate on which the accident occurred to the extent that she kn

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Harris v. Holder Constr. Co.

    Publication Date: 2013-07-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Albert Yates Kaufman Law PC, Atlanta, for appellant.
    for defendant: Dawn Pettigrew and G. Melton Mobley Lokey, Mobley and Doyle LLP, Atlanta, for appellees.
    Case Number: A13A0224

    The trial court properly granted summary judgment to the defendants on the plaintiff's negligence claim arising from her fall while walking across a carpet that was covering a hole in the sub-floori

  • Panik v. Dunes Vill. Props. LLC

    Publication Date: 2013-07-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John Edwards, Canton, for appellant.
    for defendant: John Menechino Weinberg Wheeler Hudgins Gunn & Dial, Atlanta, for appellee. Other party representation: J. Douglas Stewart Stewart, Melvin & Frost, LLP, Richard Andert, Registered Agent USA Slide Inc., Gainesville, and Michael Homer, Suwanee.
    Case Number: A13A0589

    Applying South Carolina law, the Court of Appeals found that the individual defendant made no representation proximately resulting in the plaintiff's alleged damages in a claim based on the failure

  • Dunbar v. Ertter

    Publication Date: 2013-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Bruce Phillips, Marietta, for appellant.
    for defendant: Ronne Kaplan, Jean Kutner, Atlanta, and Hylton Dupree Dupree & Kimbrough LLP, Marietta, for appellees. Other party representation: Susan Hurst Bogart & Bogart PC, Atlanta.
    Case Number: A11A0933

    A juvenile court's authority to place a child in the custody of a willing and qualified relative is not the same as authority to award permanent custody of the child, which is determined by discern

  • Hosley v. State

    Publication Date: 2013-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Amanda Flora Public Defender's Office, McDonough, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Jonesboro, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Decatur, and Frances Kuo District Attorney's Office, Jonesboro, for appellee.
    Case Number: A13A0587

    The trial court properly declined to charge the jury sua sponte on "not guilty by reason of insanity", since an insanity defense was not interposed in the defendant's case and it was not a sole def

  • Westmoreland v. State

    Publication Date: 2013-06-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Martin Puetz, Augusta, for appellant.
    for defendant: Rebecca Wright, District Attorney, Rex Myers, Assistant District Attorney, and Walter Morris District Attorney's Office, Augusta, for appellee.
    Case Number: A13A0396

    A 50-minute wait for the arrival of a canine unit did not illegally prolong a traffic stop, but only delayed the warrantless search of the vehicle based on probable cause of criminal co