• McKie v. The State

    Publication Date: 2018-04-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Gerard Kleinrock (Attorney at Law), Decatur, for appellant.
    for defendant: Sherry Boston (DeKalb County District Attorney), Decatur; Deborah Wellborn (Assistant District Attorney), Decatur, for appellee.

    Case Number: A17A1443

    Trial Counsel's Unequivocal Admission During Closing Argument Establised Defendant Had Prior Felony Conviction

  • Nissan North America, Inc. v. Walker-Jones Nissan, LLC

    Publication Date: 2018-04-19
    Practice Area: Contracts
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Tracy Brown (Attorney at Law), Jesup; Samuel Hutto, Christopher Genovese (Nelson Mullins Riley & Scarborough LLP), Columbia, for appellant.
    for defendant: David Conner, Robert Kutchey (The Conner Law Group, PC.), Savannah; Daniel Snipes (Taulbee, Rushing, Snipes, Marsh & Hodgin, LLC), Statesboro, for appellee. Ronald Thomas (Thomas & Settle), Waycross; Graham Floyd (Attorney at Law), Baxley, for other party.

    Case Number: A17A2018

    The trial court erred in granting an interlocutory injunction in connection with a proposed sale of a car dealership, as the trial court erred in finding that petitioner was likely to succeed on the merits of its claims and that petitioner would suffer irreparable injury absent injunctive relief.

  • The State v. Orr

    Publication Date: 2018-04-18
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Emily Johnson (District Attorney's Office Rome Judicial Circuit), Rome; Leigh Patterson (District Attorney), Rome; Luke Martin (Floyd County District Attorney), Rome, for appellant.
    for defendant: Benjamin Pierman (McCurdy & Candler LLC), Decatur, for appellee.

    Case Number: A17A2096

    The trial court did not err in granting defendant's motion for new trial following his convictions for family violence battery and cruelty to children in the third degree because the prosecutor impermissibly commented on defendant's pre-arrest silence in her closing argument and the error was not harmless.

  • Tanner Medical Center, Inc. d/b/a Tanner Medical Center - Villa Rica et al. v. Vest Newnan, LLC d/b/a Newnan Behavioral Hospital et al.

    Publication Date: 2018-04-17
    Practice Area: Attorney Rates and Arrangements | Civil Procedure | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Kathlynn Polvino (KBP Law PC.), Atlanta; Robert Rozier (Baker & Hostetler LLP), Atlanta; Lawrence Myers, Lawrence Myers (Attorney at Law), Atlanta, for appellant.
    for defendant: John Hood (Wellstar Health System Inc.), Marietta; Jason Bring, Marc Peterzell (Arnall, Golden, Gregory), Atlanta, for appellee. Georgia Department of Community Health (Office of General Counsel), Atlanta; Christopher Carr (Attorney General), Atlanta, Daniel Walsh (Department of Law, State of Georgia), Atlanta, for other party.

    Case Number: A17A2125

    The trial court erred in denying appellants' motion for attorney fees in a certificate-of-need case, as they were the "prevailing parties" and entitled to fees under O.C.G.A. § 31-6-44.1 (c).

  • Eden v. Eden et al.

    Publication Date: 2018-04-16
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Kenneth Lewis, Teresa DiPonzio (Lewis & Murphy, LLP), Winder, for appellant.
    for defendant: Christopher Willis (Attorney at Law), Cumming, for appellee.

    Case Number: A17A1401

    Parties' Unilateral Transfer of Real Property to Opposing Party in Fee Simple Did Not Release Them From Their Financial Obligations

  • Stroud v. The State

    Publication Date: 2018-04-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Christina Cribbs (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Brittany Fallin (Upson County District Attorney's Office), Thomaston, for appellee.

    Case Number: A17A1679

    Trial Court Erred In Failing to Determine Whether Impoundment of Vehicle Following Traffic Violation Was Reasonably Necessary

  • In the Interest of K. M., a child.

    Publication Date: 2018-04-09
    Practice Area: Evidence | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Lee Ashmore (The Law Office of Lee S. Ashmore), Brunswick, for appellant.
    for defendant: William Ashe (Attorney at Law), Woodbine, for appellee. Miles Hendrix (Attorney at Law), Kingsland, for other party.

    Case Number: A17A1747

    Juvenile Court Should Have Applied Clear and Convincing Standard in Determining Whether to Terminate Guardianship of Minor With Non-Parents

  • The State v. Williams

    Publication Date: 2018-02-08
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: William Callaway (Callaway Neville & Brinson), Claxton; Richard Mallard (District Attorney), Statesboro, Keith McIntyre (Chief Assistant District Attorney), Statesboro, for appellant.
    for defendant: Robert Persse (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellee.

    Case Number: A15A1858

    The Court of Appeals remanded the case to the trial court for clarification on the specific findings that formed the basis for the trial court's legal conclusions with regard to its grant of defendant's motion to suppress the admission of a statement he made to police after his arrest for obstruction.

  • Viad Corp v. United States Steel Corporation

    Publication Date: 2018-02-08
    Practice Area: Environmental Law | Toxic Torts
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Alston & Bird, Daniel F. Diffley, Kyle G. A. Wallace, Annalise K. Peters; Moore Clarke DuVall & Rodgers, James H. Moore III, Matthew D. DeMott, for appellant.
    for defendant: Watson Spence, Louis E. Hatcher, Alfreda L. Sheppard, F. Faison Middleton IV, Christopher L. Foreman, for appellee.

    Case Number: A17A0937

    Plaintiff could not claim indemnity for its own negligence after State ordered it and its predecessor to pay for environmental remediation of certain property because the assumption agreement did not expressly, plainly, clearly and unequivocally provide that predecessor would indemnify plaintiff to that extent; accordingly, the trial court erred in granting plaintiff's motion for summary judgment in its suit for indemnification.

  • Zambetti v. Cheeley Investments, L.P. et al.

    Publication Date: 2018-02-07
    Practice Area: Civil Appeals | Contracts
    Industry: Investments and Investment Advisory
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Jeffrey L. Evans, for appellant.
    for defendant: Miles Patterson Hansford Tallant, Dana B. Miles; Conley Griggs Partin, Cale Conley, Andre T. Tennille III, Alyssa B. Baskam, for appellees.

    Case Number: A17A1052

    The Court affirmed the jury verdict in favor of plaintiffs in their suit for breach of contract and promissory estoppel arising out of defendant's oral agreement to pay the attorney fees of his legal adversaries in a real estate transaction.