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  • Johnson v. Bank of Am. NA

    Publication Date: 2017-01-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Bobby Johnson, Stockbridge, proceeded pro se. Jarrod Mendel, Andrew Phillips McGuireWoods LLP, Atlanta, Peter Lublin Rubin Lublin LLC, Norcross, and Jody Campbell Rubin Lublin LLC, Peachtree Corners, for appellee.
    for defendant:
    Case Number: A15A0688

    The trial court properly dismissed plaintiff's action to quiet title to certain residential property, because plaintiff failed to state a claim upon which relief could be gr

  • Burroughs v. Georgia Ports Auth.

    Publication Date: 2017-01-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Eric Gotwalt, Ralph Lorberbaum Zipperer, Lorberbaum Beauvais, and Karl Zipperer in Case No. A16A1469 only Savage, Turner, Pinson Karsman, Savannah, for appellant.
    for defendant: . Christopher Carr, Samuel S. Olens, Attorneys General, Loretta Pinkston-Pope, Senior Assistant Attorney General, and Jared Campbell Attorney General's Office, Atlanta, for appellee.
    Case Number: A16A1469; A16A1532

    The trial court properly dismissed plaintiffs' tort claims against state agency arising out of injuries plaintiff suffered when a container was dropped onto the flatbed truck he was dr

  • Bryant v. Optima Int'l Inc.

    Publication Date: 2016-12-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Louise Hornsby The Hornsby Law Firm LLC, Atlanta, for appellant.
    for defendant: Robert Raleigh, Lawrenceville, for appellees.
    Case Number: A16A0827

    Questions of fact remained as to whether appellee's failure to seek a confirmation of a foreclosure sale precluded it from seeking to recover under the promissory notes at

  • Firmani v. Dar-Court Builders LLC

    Publication Date: 2016-12-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: William Davis Bovis, Kyle, Burch Medlin LLC, Atlanta, for appellant.
    for defendant: . Jeremy Littlefield, Kimberly Anderson, and Richard Robbins Robbins Ross Alloy Belinfante Littlefield LLC, Atlanta, for appellees.
    Case Number: A16A1289

    The Court affirmed the judgment entered against pension plan administrator in plaintiffs' suit asserting that plan administrator's error in drafting a 412 i pension plan resulted in significant dama

  • Brown v. State

    Publication Date: 2016-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: David Walker Georgia Public Defender Standards Council, Macon, for appellant.
    for defendant: Richard Milam, District Attorney, Jackson, and Jason Johnston, Assistant District Attorney, Barnesville, for appellee.
    Case Number: A16A1094

    The trial court erred in failing to merge for sentencing purposes defendant's convictions on two counts of leaving the scene of an accident involving serious injury, because there was only one accid

  • 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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  • Marks v. Soles

    Publication Date: 2016-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Charles Grile, Pooler, for appellant.
    for defendant: Jason Soles, Brooklet, proceeded pro se. Ronnie Lane, Statesboro, for Lane.
    Case Number: A16A0723

    The trial court erred in granting joint legal custody of a child to the child's paternal grandparents, mother and father, as joint custody arrangements do not include third parties when

  • Edvalson v. State

    Publication Date: 2016-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Eric Crawford Crawford Boyle LLC, Monroe, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Christopher Quinn, Assistant District Attorney, Karen West, and Dewayne Brown District Attorney's Office, Lawrenceville, for appellant.
    Case Number: A16A1392

    Because jeopardy does not attach at any pretrial proceeding, including a bond revocation hearing, defendant had no basis for asserting a claim of double jeopardy based on the trial court's order ame

  • West v. State

    Publication Date: 2016-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Long Vo Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Joshua Smith, and Justin Mullis District Attorney's Office, Augusta, for appellee.
    Case Number: A16A0952

    The court erred in its analysis of the Barker-Doggett factors when it considered defendant's motion for new based on an alleged violation of his constitutional right to a speedy

  • Russell v. Sparmer

    Publication Date: 2016-11-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Edward Hartness, Gainesville, for appellant.
    for defendant: Robert Chandler Fox, Chandler, Homans, Hicks McKinnon, Gainesville, for appellee.
    Case Number: A16A1001

    The trial court erred in finding that plaintiff's divorce claim could serve as the basis for an attorney fees award under O.C.G.A. § 9-15-14, as the claim was neither frivolous nor interposed for th

  • Frey v. State

    Publication Date: 2016-09-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Howard Anderson, Pendleton, SC, for appellant.
    for defendant: Richard Bridgeman District Attorney's Office, Toccoa, and George Christian District Attorney's Office, Clayton, for appellee.
    Case Number: A16A0829

    The evidence was insufficient to support the defendant's conviction for criminal damage to an automobile, because the State failed to prove that the damage to the vehicle exceeded $500 as charged in