• Troutman v. The State

    Publication Date: 2019-01-29
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Michael Pryor, (Michael P. Pryor, P.C.), Atlanta, for appellant.
    for defendant: Ryan Leonard, (Acting District Attorney), Douglasville, Sean Garrett, (Douglas County District Attorney's Office), Douglasville, for appellee.

    Case Number: A18A1613

    Criminal defendant cannot withdraw a guilty plea even if original sentence is void

  • Holladay v. Cumming Family Medicine, Inc.

    Publication Date: 2019-01-22
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Charles Kelley, (Kelley & Clements LLP), Gainesville, for appellant.
    for defendant: David Ellison, (Cowsert Heath, LLP), Athens, for appellee.

    Case Number: A18A2070

    Court Reverses Trial Court Order Granting Summary Judgment without Hearing Where Non-Movant Had Not Waived Right to Hearing

  • Lynchar, Inc. et al. v. Colonial Oil Industries, Inc.

    Publication Date: 2019-01-08
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Benjamin Wallace, (Brown & Adams, LLC), Columbus, for appellant.
    for defendant: Tracy O'Connell, Philip Thompson, (Ellis Painter Ratterree & Adams, LLP), Savannah, for appellee.

    Case Number: A17A0391

    Guaranties are still enforceable when a principal debtor is identified only by a trade name and not by its legal name.

  • Frett v. State Farm Employee Workers' Compensation et al.

    Publication Date: 2018-11-28
    Practice Area: Damages
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Robert Bourne, (Attorney at Law), Cumming, Nicholas Benzine, (Benzine Law Group), Atlanta, Elliot Bourne, (Bourne Law Firm), Cumming, for appellant.
    for defendant: Charles Harris, Natalie Rogers, (Attorney at Law), Atlanta, for appellee. Todd Maziar, (Morgan & Morgan, Atlanta PLLC), Atlanta, for amicus curiae.

    Case Number: A18A0820

    No workers compensation benefits for employee injured on a scheduled lunch break.

  • Northeast Georgia Medical Center, Inc. et al. v. Healthsouth Rehabilitation Hospital Of Forsyth County, LLC

    Publication Date: 2018-11-27
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Armando Basarrate, Elizabeth Kitchens, (Parker, Hudson, Rainer & Dobbs, LLP), Atlanta, Armando Basarrate, Elizabeth Kitchens, (Parker Hudson Rainer & Dobbs, LLP), Atlanta, Robert Rozier, (Baker & Hostetler LLP), Atlanta, Michael McConnell, Laura Gura, (Jones Day), for appellant.
    for defendant: Robert Threlkeld, (Morris Manning & Martin, LLP), Atlanta, for appellee. Christopher Carr, (Attorney General), Atlanta, Rachel King, (Georgia Department of Community Health), Atlanta, Monica Sullivan, (Department of Law), Atlanta, for Other Party.

    Case Number: A18A1029

    Court Affirms Dismissal of Appeal by Georgia Department of Community Health after the Department Failed to File Transcripts as Part of Appellate Record

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  • Johnson v. The State

    Publication Date: 2018-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Angela Brown, (Moore Brown Law Group, PC.), Atlanta, for appellant.
    for defendant: Anna Cross, (The Summerville Firm), Atlanta, Sherry Boston, (DeKalb County District Attorney), Decatur, for appellee.

    Case Number: A18A0980

    Court Reveres Armed Robbery Conviction Upon Finding Defendant was Excluded from Critical Jury Selection Proceedings

  • McClendon v. The State

    Publication Date: 2018-10-25
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jessica Seares, (Office of the Public Defender, Atlanta Judicial Circuit), Atlanta, for appellant.
    for defendant: Paul Howard, Marc Mallon, (Senior Assistant District Attorney), Atlanta, for appellee.

    Case Number: A18A1408

    Following Trial Court Errors, Defendants Are Entitled to a New Trial

  • Whitaker Farms, LLC v. Fitzgerald Fruit Farms, LLC

    Publication Date: 2018-10-12
    Practice Area: Real Estate
    Industry: Agriculture
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: John Christy, (Schreeder, Wheeler & Flint), Atlanta, George Rosenzweig, (Rosenzweig, Jones Horne & Griffis, PC.), Newnan, for appellant.
    for defendant: Nowell Berreth, Max Marks, (Alston & Bird LLP), Atlanta, for appellee.

    Case Number: A18A1420

    Court Affirms Verdict in Favor of Leaseholder That Was Denied Entry to Harvest Peaches and Reverses Trial Court's Refusal to Allow for Award of Punitive Damages

  • The State v. Wilkerson

    Publication Date: 2018-08-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Thomas Bishop, Thomas Earnest, (District Attorney's Office Pataula Judicial Circuit), Cuthbert, for appellant.
    for defendant: Ronald Parker, (Assistant Public Defender), Bainbridge; Christina Cribbs (Georgia Public Defender Council), Augusta, for appellee. 

    Case Number: A18A1253

    Evidence That Defendant Pointed Gun In Direction of Car Supported Finding He Pointed At Car's Occupants

  • Huff v. Vallejo

    Publication Date: 2018-08-20
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: John Carson, (Phillips Carson & Phillips), Savannah, for appellant.
    for defendant: A. J. Balbo, (Balbo & Gregg, Attorneys At Law, PC.), Richmond Hill, for appellee.

    Case Number: A18A1002

    Pending Misdemeanor And Pending Immigration Enforcement Actions Did Not Preclude Expanding Parent's Visitation Rights