• Altamaha Riverkeeper, Inc. v. Rayonier Performance Fibers, LLC et al.

    Publication Date: 2018-07-11
    Practice Area: Energy and Natural Resources | Environmental Law
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Robert Brown, Megan Huynh (Southern Environmental Law Center), Atlanta; Donald Stack (Stack & Associates PC), Atlanta; Keri Powell (Law Office of Keri N Powell LLC), Decatur, for appellant.
    for defendant: Patricia Barmeyer, Randall Butterfield, Stephen McCullers (King & Spalding LLP), Atlanta; James Durham (Hall Booth Smith P.C.), Brunswick; Isaac Byrd (Deputy Attorney General), Atlanta; Christopher Carr (Attorney General), James Coots (Senior Assistant Attorney General), Atlanta; Graham Barron (GA Department of Law), Atlanta, for appellee. Georgia Industry Environmental Coalition Inc, Atlanta; Douglas Henderson (Troutman Sanders), Atlanta; Georgia Riverkeepers, Decatur; Charles Cork (Attorney at Law), Decatur, for amicus curiae.

    Case Number: A18A0594

    Environmental Protection Division's Interpretation of Narrative Standard in Regulation Governing Pollution Discharge Into Rivers Was Entitled to Deference

  • Kennestone Hospital, Inc. d/b/a Wellstar Kennestone Hospital et al. v. Georgia Department of Community Health et al.

    Publication Date: 2018-07-09
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Armando Basarrate, Elizabeth Kitchens, David Darden (Parker Hudson Rainer & Dobbs LLP), Atlanta; David Conley, Robert Ingram (Moore Ingram Johnson & Steele LLP), Marietta, for appellant.
    for defendant: Isaac Byrd (Deputy Attorney General), Atlanta; Christopher Carr (Attorney General), Atlanta; Roxana Tatman (Department of Community Health), Atlanta; Daniel Walsh (Department of Law, State of Georgia), Atlanta; Rachel King (Georgia Department of Community Health), Atlanta; Monica Sullivan (Department of Law), Atlanta; Seslee Mattson, Robert Threlkeld, Anthony Cestaro (Morris Manning & Martin LLP), Atlanta; Commissioner Frank Berry, Atlanta; Office of the General Counsel Department of Community Health, Atlanta, for appellee.

    Case Number: A18A0211

    The superior court did not err in affirming the Georgia Department of Community Health's grant of a certificate of need to Piedmont Hospital for the establishment of a radiation therapy service in Cobb County.

  • Moore v. Moore

    Publication Date: 2018-07-06
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Robert Strickland, Priya Patel (Smith Welch Webb & White LLC), McDonough, for appellant.
    for defendant: Heather Moore, Brooks, for appellee.

    Case Number: A18A0137

    The Court partially affirmed and partially vacated the trial court's order modifying child custody and child support following parties' divorce, finding that the trial court did not err in granting mother sole custody of the child but did err in failing to incorporate a parenting plan in the final custody order and failing to attach the child support worksheets to the final order.

  • C&M Enterprises of Georgia, LLC v. Williams

    Publication Date: 2018-07-03
    Practice Area: Administrative Law | Environmental Law | Land Use and Planning
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Jeffery Arnold (Attorney at Law), Hinesville; Robert Silliman, George Darden (Dentons US LLP), Atlanta, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Elizabeth Monyak (Assistant Attorney General), Atlanta, for appellee.

    Case Number: A18A0240

    An administrative law judge did not act arbitrarily or capriciously and did not abuse or exceed its discretion in ruling in favor of Georgia Department of Natural Resources in a dispute over the construction of a bulkhead in an area of marshlands Department determined to be protected and under its jurisdiction.

  • Amberfield Homeowners Association, Inc. v. Young et al.

    Publication Date: 2018-07-03
    Practice Area: Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: N/a
    for defendant: N/a

    Case Number: A18A0391

    Homeowners Association Had Authority to Accept Easement Obligating All Members to Pay Dues to Nearby Swim and Tennis Club

  • Propes v. The State

    Publication Date: 2018-06-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Debra Jefferson (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Daniel Porter (District Attorney), Lawrenceville; Ramona Sakhanokho (Assistant District Attorney), Lawrenceville, for appellee.

    Case Number: A18A0549

    The Court reversed defendant's conviction for violating O.C.G.A. § 16 5 60 (c), which prohibits certain conduct by HIV-infected persons, holding that State failed to show that defendant was determined to be infected with HIV by an HIV test approved for such purposes by the regulations of the Department of Community Health as required under § 16-5-60.

  • Gold et al. v. Dekalb County School District et al.

    Publication Date: 2018-06-29
    Practice Area: Civil Procedure | Government
    Industry: Education | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Roy Barnes, John Salter (The Barnes Law Group LLC), Marietta; Jason Carter, Naveen Ramachandrappa, Michael Terry (Bondurant Mixson & Elmore LLP), Atlanta, for appellant.
    for defendant: Leslie Bryan, Allegra Lawrence, Lisa Haldar (Lawrence & Bundy LLC), Atlanta; Thomas Bundy (Lawrence & Bundy LLC), Fulton, for appellee. Donald English (Southern States PBA Inc.), Brookhaven; Juliel Oinonen, Atlanta; Julie Oinonen (Williams Oinonen LLC), Atlanta; Matthew Pence (Professional Association of Georgia Educators) Atlanta; Gwin Hall (The Georgia Municipal Association Inc), Atlanta, for amicus curiae.

    Case Number: A18A0526

    The trial court erred in granting school district's motion for summary judgment in school employees' suit for, inter alia, breaching an agreement to provide two years' advance notice prior to suspending contributions to their Georgia Tax Shelter Annuity Plan accounts.

  • Lingo v. Early County Gin, Inc.

    Publication Date: 2018-06-28
    Practice Area: Employment Litigation
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: David Schulte, Robert Stannard (Attorney at Law), Atlanta, for appellant.
    for defendant: Tash Van Dora, Jeremiah Van Dora (The Van Dora Law Firm LLC), Hartwell, for appellee. Patricia Taylor (State Board of Workers' Compensation), Atlanta, for other party.

    Case Number: A18A0267

    Chain of Custody Not Sufficient to Support Presumption That Workplace Accident Was Caused By Use of Marijana

  • Skyjack, Inc. et al. v. Mois et al.

    Publication Date: 2018-06-27
    Practice Area: Civil Procedure | Trusts and Estates | Wrongful Death
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: James Singer (Bovis, Kyle & Burch), Atlanta; H. Young, Willie Ellis, Warner Fox (Hawkins Parnell Thackston & Young LLP), Atlanta; Katherine Mercer-Lawson, Theresa Wardon (Wheeler Trigg O'Donnell LLP), Denver; Andrew Capobianco (Mozley Finlayson & Loggins LLP), Atlanta, for appellant.
    for defendant: Darren Penn (Penn Law LLC), Atlanta; Jennifer Smith (Ken David & Associates LLC), Atlanta, for appellee. Matthew McLaughlin (McLaughlin & Loring), Alpharetta, for other party.

    Case Number: A18A0455

    Substituting Administrator of Decedent's Estate For Named Plaintiff in Wrongful Death Action Not Statutorily Authorized

  • Royster v. State of Georgia

    Publication Date: 2018-06-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Benjamin Goldberg (The Law Office of Ben Goldberg LLC), Mableton, for appellant.
    for defendant: Jennifer Hendee (Gwinnett District Attorney's Office), Lawrenceville; Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.

    Case Number: A18A0467

    The trial court did not abuse its discretion in denying appellant's petition for release from the requirement that he be registered as a sex offender as a result of a 1993 conviction.