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  • Mermann v. Tillitski

    Publication Date: 2015-10-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Jenny M. Stansfield, Stuart E. Walker, and John C. Edwards Martin Snow LLP, Macon, for appellant.
    for defendant: Carmel W. Sanders, Macon, for appellee.
    Case Number: S15A0965

    The trial court improperly modified a fixed division of property when it imposed an artificial 30-day window for the calculation of gains and losses to the total value of the husband's SEP

  • Vinings Bank v. Brasfield Gorrie LLC

    Publication Date: 2015-07-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: C. Lee Davis and Emma L. A. Burke Bailey Davis LLC, Marietta, for appellant.
    for defendant: Robert L. Crewdson DLA Piper LLP, Atlanta, for appellee. Other party representation: James F. Bass Jr. Chatham County Superior Court, Savannah. Amicus Appellant: William J. Sheppard and Michael N. White James Bates Brannon Groover LLP, Atlanta.
    Case Number: S14G1876

    The trial court erred in denying the plaintiff's motion for summary judgment on the defendant's counter for conversion, as the defendant had no standing to bring the

  • Stone v. Stone

    Publication Date: 2015-07-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Alan Mullinax and Zachary R. Stepp Alan Mullinax Associates PC, Lawrenceville, for appellant.
    for defendant: Linda S. McKinley Gwinnett County Juvenile Court, Lawrenceville, for appellees. Other party representation: Deana M. Spencer Spencer Law LLC, and Lawrence L. Washburn III, Lawrenceville.
    Case Number: S15F0064

    The trial court erred in awarding joint legal custody of the child to the father and the maternal grandmother, as Georgia statutory law supports joint custody arrangements only between pa

  • Whatley v. State

    Publication Date: 2015-07-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Akil K. Secret The Secret Firm PC, Atlanta, for appellant.
    for defendant: Herbert M. Poston Jr., District Attorney, Susan L. Franklin, and John S. Helton, Assistant District Attorneys, Dalton, for appellee.
    Case Number: S15A0032

    The trial court properly denied the defendant's general demurrer, since she challenged O.C.G.A. § 16-13-43 subsection a 6 on its face and a facial challenge was not warr

  • BAC Home Loans Servicing LP v. Wedereit

    Publication Date: 2015-06-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Monica K. Gilroy, Tania T. Trumble, Emily H. Cobb, and Aimee D. LaTourette Dickenson Gilroy LLC, Alpharetta, for appellant.
    for defendant: Sam G. Nicholson and Adam W. King Nicholson Revell LLP, Augusta, for appellee.
    Case Number: S14G1862

    The trial court erred in awarding sua sponte partial summary jud to the plaintiff because he failed to carry his burden of proving that he was entitled to summary jud

  • 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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  • Mohamud v. State

    Publication Date: 2015-06-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Christopher M. Quinn, Senior Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christian A. Fuller, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0586

    The defendant failed to prove his ineffective assistance of trial counsel claims after he was found guilty of murder and related c

  • Kautz v. Powell

    Publication Date: 2015-06-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Zahra S. Karinshak, Christopher E. Adams Krevolin Horst LLC, Atlanta, S. Lester Tate III Akin Tate PC, Cartersville, Kelly D. Kautz, Snellville, and Phyllis Miller, Lawrenceville, for appellant.
    for defendant: Kathryn S. Whitlock Hawkins Parnell Thackston Young LLP, Atlanta, Jody C. Campbell Rubin Lublin LLC, Peachtree Corners, Anthony O. L. Powell, and Robert J. Wilson Webb Tanner Powell Mertz Wilson LLP, Lawrenceville, for appellees.
    Case Number: S14G1161

    The mayor of Snellville had the authority to terminate the employment of the city attorney as incident to her power to appoint the city attorney for an otherwise indefinite period of

  • Partridge v. Partridge

    Publication Date: 2015-06-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John B. Long Tucker, Everitt, Long, Brewton Lanier, Augusta, for appellant.
    for defendant: James T. Jones Jr., Thomson, for appellee.
    Case Number: S15F0039

    The trial court properly ordered husband to pay the car payments on the minor child's vehicle as part of its final decree in the parties' divorce, since husband and wife were joint obligors on the i

  • Ballard v. State

    Publication Date: 2015-06-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John W. Kraus Public Defender's Office, Jonesboro, for Ballard. Kevin A. Anderson Georgia Public Defender Standards Council, Atlanta, for Soun. Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Jonesboro, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Ryan A. Kolb Carlock, Copeland Stair LLP, Atlanta, for State.
    for defendant:
    Case Number: S15A0463; S15A0464

    The trial court properly declined to sever one co-defendant's trial from the other's, since they were the only two defendants, there was virtually no likelihood that the jury would confuse the evid

  • Norwood v. State

    Publication Date: 2015-06-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Long D. Vo Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Kathryn L. Powers, Assistant District Attorney, Jonesboro, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Meghan H. Hill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0379

    The trial court properly declined to merge the aggravated assault and felony murder counts for sentencing purposes, since each required proof of a fact the other did not and they were separate and d