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  • Wingler et al. v. White et al.

    Publication Date: 2017-12-18
    Practice Area: Government | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: William Lanham, Clark McGehee (Johnson & Ward), Atlanta, for appellant.
    for defendant: Derrick Bingham, Melissa Reading, W. Jones (Owen, Gleaton, Egan, Jones & Sweeney, LLP), Atlanta; Adam Ford (Page Law LLC), Marietta, for appellee.
    Case Number: A17A1549

    The trial court erred in granting summary judgment to sheriff in plaintiffs' suit arising after they were injured when a suspect who was fleeing law enforcement crashed a vehicle into their car because, construing the evidence in favor of plaintiffs, genuine issues of material fact existed as to whether sheriff's deputies acted with reckless disregard for proper law enforcement procedures in continuing the high-speed chase.

  • Ortho Sport & Spine Physicians Savannah, LLC v. Chappuis et al.

    Publication Date: 2017-12-15
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Yasha Heidari, Yenniffer Delgado (Heidari Power Law Group LLC), Atlanta, for appellant.
    for defendant: Scott Bonder, Joseph White, Matthew Kahn (Fried & Bonder LLC), Atlanta; Richard Sanders, Jeffrey Mustari (The Sanders Law Firm P.C.), Atlanta, for appellee.
    Case Number: A17A1408

    The Court of Appeals partially reversed the trial court's orders granting defendants' motion to strike portions of plaintiffs complaint and motion to dismiss one defendant because it was not clear that the matters sought to be stricken could have no possible bearing upon the subject matter of the litigation.

  • Henderson v. The State

    Publication Date: 2017-12-14
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Donnelly (Western Circuit Public Defender's Office), Athens, for appellant.
    for defendant: James Chafin (Assistant District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A17A1926

    The trial court failed to properly apply the applicable test when it granted State's motion to involuntarily medicate a mentally ill criminal defendant in an attempt to make him competent to stand trial.

  • Steagald et al. v. Eason et al.

    Publication Date: 2017-12-13
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Marc Avidano (Smith, Welch, Webb & White, LLC), McDonough; Andrew Gebhardt (Smith, Welch, Webb & White, LLC), Stockbridge, for appellant.
    for defendant: Walter McClelland, James Scarbrough (Mabry & McClelland LLP), Atlanta, for appellee.
    Case Number: A15A0857

    Defendants were not entitled to summary judgment in a dog bite case because a jury question remained as to whether defendants had knowledge that the dog had a propensity to bite without provocation based on prior snapping incidents.

  • Moore v. The State

    Publication Date: 2017-12-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Per Curiam
    Attorneys: For plaintiff: James Moore, Abbeville, for appellant.
    for defendant: Joshua Smith (District Attorney's Office), Augusta; Henry Syms (Office of the District Attorney), Augusta, for appellee.
    Case Number: A17A1457

    Defendant's sentence on his child molestation conviction was void as a matter of law because it did not comply with the O.C.G.A. § 17-10-6.2 split-sentence requirement.

  • Conwell v. The State

    Publication Date: 2017-12-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Loudon Conwell, Unadilla, for appellant.
    for defendant: Robert James (District Attorney), Decatur; Deborah Wellborn (Assistant District Attorney), Decatur, for appellee.
    Case Number: A17A2068

    Although the trial court properly determined defendant's recidivist status when it sentenced him following his convictions for aggravated assault with intent to rape, two counts of false imprisonment and rape, the sentence the trial court entered was illegal because it did not include a split sentence on the aggravated assault with intent to rape conviction in accordance with O.C.G.A. § 17-10-6.2 subsection (b).

  • Kimbrough et al. v. The State

    Publication Date: 2017-12-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Amanda Clark Palmer (Garland, Samuel & Loeb PC), Atlanta; Janice Singer-Capek (Attorney at Law), Atlanta, for appellant.
    for defendant: Stephen Fern (Assistant District Attorney Gwinnett Justice and Administration Center), Lawrenceville; Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.
    Case Number: A15A1738

    The trial court erred in denying defendants' special demurrers seeking more detail about their alleged violations of the Georgia Racketeer Influenced Corrupt Organizations Act, because the indictment did not give defendants enough information about the charges to "prepare [their] defense intelligently."

  • EMM Credit, LLC v. Alexander Remington et al.

    Publication Date: 2017-12-06
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Bret Thrasher, Sarah Newman (Thompson, O'Brien, Kemp & Nasuti, P. C.), Norcross, for appellant.
    for defendant: Robert Koski (The Koski Firm), Sarasota; Grace Tillman (Richard C. Wayne & Associates, PC.), Atlanta; Steven Lefkoff (Lefkoff Law, LLC), Atlanta; Scott King (Jacobs King & Wallack LLC), Atlanta, for appellee.
    Case Number: A17A1031

    The trial court properly found that creditor's fraudulent transfer claim was not assignable.

  • Avery et al. v. Paulding County Airport Authority et al.

    Publication Date: 2017-12-06
    Practice Area: Civil Procedure | Transportation
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Charles McKnight, Alison Ballard (Taylor English Duma, LLP), Atlanta, for appellant.
    for defendant: Robert Baker (Miller & Martin PLLC), Atlanta; J. Davis, Lee Carter (Brinson, Askew, Berry, Seigler, Richardson & Davis LLP), Rome, for appellee.
    Case Number: A17A0849

    The Court partially reversed the dismissal of three related declaratory judgment actions arising out of the efforts of a county and a county airport authority to apply for a commercial Airport Operating Certificate from the Federal Aviation Administration.

  • Blevins v. The State

    Publication Date: 2017-12-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A0639

    The trial court did not abuse its discretion in admitting certain other acts evidence in a middle school band director's trial for enticing a child for indecent purposes and child molestation arising out of his interactions with a student.