• 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.

  • 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.

  • Malak v. Unifund CCR, LLC

    Publication Date: 2017-11-28
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Mohamad Malak, Athens, for appellant.
    for defendant: Brannon Carson (Roosen, Varchetti & Olivier PLLC), Atlanta; David Fife (Attorney at Law), Atlanta; Mark Moore (Lazega & Johanson, LLC), Atlanta, for appellee.

    Case Number: A17A0748

    In entering judgment against debtor in a suit on a credit card account, the trial court relied on inadmissible evidence and the wrong legal standard; accordingly, the Court remanded the case for the trial court to issue a new order on the bench trial based on properly admitted evidence.

  • Johnson v. The State

    Publication Date: 2017-11-28
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Jonathan Rosenburg (Lister & Holt LLC), Jonesboro, for appellant.
    for defendant: Tasha Mosley (Solicitor General), Jonesboro; James Wilkinson (Cherokee Circuit District Attorney), Cartersville, for appellee.

    Case Number: A17A0733

    The trial court erred in denying defendant's motion to suppress evidence police discovered after they arrested him without probable cause, as defendant was free to leave a first-tier police encounter and his arrest for obstruction was thus unlawful.

  • Hilley v. The State

    Publication Date: 2017-11-27
    Practice Area: Criminal Law | Internet Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Genevieve Holmes (Appellate Division – GPDC), Atlanta, for appellant.
    for defendant: Christopher Arnt (Assistant District Attorney), Lafayette; Jennifer Hartline (District Attorney's Office Lookout Mountain Circuit), Lafayette; Herbert Franklin (District Attorney), Lafayette, for appellee.

    Case Number: A17A0834

    The evidence supported defendant's conviction for using a computer Internet service to seduce a person he believed to be a child as well as two counts each of attempted aggravated child molestation and attempted child molestation and the trial court did not err when it revoked defendant's probation based on his failure to complete treatment.

  • Carter v. The State

    Publication Date: 2017-11-20
    Practice Area: Criminal Law | Judges
    Industry:
    Court: Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Michael Tarleton (The Appellate Division – GPDC), Atlanta, for appellant.
    for defendant: Robert James (District Attorney), Decatur; Sherry Boston (DeKalb County District Attorney), Decatur; Gerald Mason (DeKalb County District Attorney's Office), Decatur, for appellee.

    Case Number: A17A0860

    The trial court did not violate the former version of O.C.G.A. 17-8-57 when it reminded a witness during her direct examination that she was in the room when a co-defendant uttered a threat; accordingly, the Court affirmed defendant's convictions for aggravated assault and other crimes.

  • Federal National Mortgage Association v. Harris

    Publication Date: 2017-11-17
    Practice Area: Evidence | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Kimberly Rizzotti Weber, Allison Giardina (Aldridge Pite, LLP), Atlanta, for appellant.
    for defendant: Ricky Harris, Savannah, for appellee.

    Case Number: A17A0694

    In a dispute over possession of certain real property, the trial court abused its discretion when it failed to consider whether certain documents were admissible under O.C.G.A. 24-9-901, which sets out the standards for the authentication and admission of unsealed or uncertified documents.

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

    Publication Date: 2017-11-13
    Practice Area: Civil Procedure | Transportation
    Industry:
    Court: 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.