• Pepe-Frazier v. State

    Publication Date: 2015-04-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Jess Johnson and Page Pate The Pate Law Firm LLC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Arthur C. Walton, Assistant District Attorney, and Sheila Gallow District Attorney's Office, Atlanta, for appellee.

    Case Number: A14A2215

    The defendant failed to prove his several ineffective assistance of trial counsel c

  • Marino v. Clary Lakes Homeowners Assoc. Inc.

    Publication Date: 2015-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Julie Liberman, Decatur, for appellant.
    for defendant: . Cynthia Hodge and John Lueder Lueder Larkin Hunter LLC, Alpharetta, for appellee.

    Case Number: A14A2236

    The defendants were the "prevailing party" in the litigation, despite the dismissal of their counterclaims, since they did not have any relief imposed against

  • EZ Green Assocs. LLC v. Georgia-Pacific Corp.

    Publication Date: 2015-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Andrew Stuart, Matthew Hood Stuart Johnston LLC, Atlanta, Thomas Dossett Todd Dossett PC, Kingsport, Tenn., and Thomas Jessee Jessee Jessee, Johnson City, Tenn., for appellant.
    for defendant: Merritt McAlister, Joseph Rockers, Elizabeth Tanis, and Xavier Carter King Spalding LLP, Atlanta, for appellees.

    Case Number: A14A1950

    The plaintiff's proposed methods for calculating damages in its breach of contract action were too speculative, unreliable and failed to account for market real

  • Emory Univ. v. Duval

    Publication Date: 2015-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Harold Bagley Drew, Eckl Farnham, Atlanta, for appellant.
    for defendant: Mia Frieder and Ronald Hilley Hilley Frieder, Atlanta, for appellee. Other party representation: Douglas Witten and Cathy McNiel State Bd. of Workers' Compensation, Atlanta.

    Case Number: A14A2270

    The superior court should have affirmed the State Board of Workers' Compensation's denial of the former employee's benefits claim on the basis that some evidence supported its decision that her his

  • DOCO Credit Union v. Chambers

    Publication Date: 2015-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Rebecca Davis and Charles Ingraham Seyfarth Shaw LLP, Atlanta, for appellant.
    for defendant: Sarah Kjellin, Christopher Cohilas Watson Spence LLP, Albany, and David Mullis, Valdosta, for appellees.

    Case Number: A13A2465

    A previously-filed action in one county seeking monetary damages for certain allegedly wrongful foreclosures did not abate a quiet title suit filed in another county, as the two causes of action wer

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Curry v. State

    Publication Date: 2015-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: James C. Bonner Jr. Georgia Public Defender Standard's Council, Atlanta, and Michael Tarleton Georgia Public Defender Standards Council, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.

    Case Number: A14A2111

    Similar transaction evidence was admissible for a purpose other than the defendant's character, as his not guilty plea made intent a material

  • Thomason v. FIA Card Servs. NA

    Publication Date: 2015-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Phillip Thomason, Dawsonville, proceeded pro se. Christopher Yarbrough and Salvatore Schiappa Frederick J. Hanna Associates PC, Marietta, for appellee.
    for defendant:

    Case Number: A14A2015

    The trial court erred in granting summary judgment to the plaintiff credit card company in its action to recover the outstanding balance due on an account, as it failed to properly authenticate any

  • Douglas v. State

    Publication Date: 2015-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Cynthia Harrison, Atlanta, for appellant.
    for defendant: James McDade, Brian Fortner, District Attorneys, and Emily Richardson District Attorney's Office, Douglasville, for appellee.

    Case Number: A14A1813

    The evidence supported a finding that the defendant committed the offense of public indecency by performing a lewd exposure of his sexual organs in a public

  • Lockwood v. Federal Deposit Ins. Corp.

    Publication Date: 2015-01-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Kevin Tallant and Molly Anderson Miles Patterson Hansford Tallant LLC, Cumming, for appellant.
    for defendant: Andrea Pawlak and Kevin Ward Schulten Ward Turner, Atlanta, for appellee.

    Case Number: A14A1539

    While the p ff's letter informing the defendant of his default on a promissory note was deficient in that it failed to specify that payment was due within 10 days of receipt of the letter, the

  • Kelly v. Harris

    Publication Date: 2014-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Grant McBride Smith, Welch, Webb & White LLC, McDonough, and John Webb, Stockbridge, for appellant.
    for defendant: Jennifer Nichols Fain, Major & Brennan PC, Atlanta, Kathleen Hurley, Joseph Cruser, and Charles Barry Cruser & Mitchell LLP, Norcross, for appellees.

    Case Number: A14A1004

    The trial court erred in ruling that the plaintiff's UM insurer was not in default for filing an untimely answer to the plaintiff's suit arising after the plaintiff and an uninsured motorist were i