• Doe v. The State

    Publication Date: 2018-09-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Jeffrey Filipovits, (Attorney At Law), Atlanta, for appellant.
    for defendant: Richard Mallard (District Attorney), Keith McIntyre, (Chief Assistant District Attorney), Statesboro, for appellee. Brenda Smeeton, Michele Young, Cory Isaacson (Georgia Justice Project), Atlanta, Nancy DeVetter, Jessica Stuart (Georgia Legal Services Program), Atlanta, Savannah, Phyllis Holmen, Lisa Krisher, (Attorney At Law), Atlanta, for amicus curiae.

    Case Number: A17A0115

    Criminal record sealed when court improperly applies statutory balancing test

  • Bazan v. Bazan

    Publication Date: 2018-09-10
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Mr. William Mills, (William B. Mill, P.C.), Ringgold, for appellant.
    for defendant: Mr. Rickie Brown, (ATTORNEY AT LAW) Dalton, Ms Julia Hill, (The Law Office of Rick Brown), Dalton, for appellee.

    Case Number: A18A1476

    No abuse of discretion where court closed evidence before pro se litigant called witnesses

  • Williams v. The State

    Publication Date: 2018-08-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: William Puckett, (Attorney At Law), Mcdonough, Hayden Warmington, (Office Of The Flint Judicial Circuit Public Defender), McDonough, for appellant.
    for defendant: Darius Pattillo, Sharon Hopkins (Henry County District Attorney's Office), McDonough, for appellee.

    Case Number: A18A1141

    Court Defers to Jury's Assessment on Justification Defense

  • Copeland v. Miller

    Publication Date: 2018-08-17
    Practice Area: Civil Procedure | Family Law | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: John Spurlin, (Spurlin & McCorvey), Tifton, for appellant.
    for defendant: Timothy Tanner, (Attorney At Law), Valdosta, for appellee.

    Case Number: A18A1172

    Complaint Failed to State Claims For Fraud, Interference With Expectation of Gift, and Constructive Trust

  • 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.