• SecureAlert, Inc. et al. v. Boggs et al.

    Publication Date: 2018-06-19
    Practice Area: Civil Procedure | Personal Injury | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Patrick Flynn (Attorney at Law), Albany, for appellant.
    for defendant: Joseph Durham (Lee Durham LLC), Albany; Rosser Malone (Malone Law Office), Atlanta; Sidney Moore (The Moore Law Firm P.C.), Atlanta, for appellee. Kovarious Price, Garden City; Demetrious Price, Reidsville; Grace Chapman, Albany; Richard Parker, Peachtree City; Erwin Warren, Albany; Sonya Bryant, Albany; George Donaldson, Misty Haskins (Perry & Walters LLP), Albany, for other party.

    Case Number: A18A0045

    The trial court erred in denying electronic pretrial release and monitoring service providers' motion to dismiss plaintiffs' wrongful death and personal injury action arising after two men whom providers were responsible for monitoring via ankle bracelets allegedly shot and killed another man, because O.C.G.A. § 17-6-1.1 (i) shielded providers from civil liability.

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

    Publication Date: 2018-06-12
    Practice Area: Real Estate
    Industry: Entertainment and Leisure | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: George Welborn (Downey, Cleveland, Parker & Williams), Marietta; Joseph Atkins (Downey & Cleveland, LLP), Marietta, for appellant.
    for defendant: Randall Lipshutz (Lipshutz Greenblatt LLC), Tucker, for appellee.

    Case Number: A18A0391

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

  • McConnell et al. v. Georgia Department Of Labor

    Publication Date: 2018-06-06
    Practice Area: Civil Procedure | Class Actions | Privacy
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Jefferson Allen (Cohen, Cooper, Estep & Allen, LLC), Atlanta; Scott Schweber (Schweber Green Law Group), Atlanta, for appellant.
    for defendant: Christopher Carr, Samuel Olens (Attorney General), Atlanta; Kirsten Daughdril (Attorney at Law), Atlanta; Angela Cusimano (Georgia Department of Law), Atlanta, for appellee.

    Case Number: A16A0655

    Suit Against State Agency For Inadvertent Disclosure of Private Information Not Barred By Sovereign Immunity

  • Wilkerson v. The State

    Publication Date: 2018-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Joseph Key (Miller & Key P.A.), McDonough, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Brittany Fallin (Upson County District Attorney's Office), Thomaston, for appellee.

    Case Number: A18A0035

    Defendant Who Caused Victim to Fall When He Tried to Physically Restrain Her Was Guilty of Aggravated Battery

  • Canelas v. The State

    Publication Date: 2018-05-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Eric Crawford (Crawford and Boyle LLC), Monroe, for appellant.
    for defendant: Rosanna Szabo (Solicitor-General), Lawrenceville; Samuel D'Entremont (Gwinnett County Solicitor-General's Office), Lawrenceville; Nicole Wong (Gwinnett County Solicitor's Office), Lawrenceville, for appellee.

    Case Number: A18A0764

    The Court affirmed defendant's convictions for DUI-less safe and DUI per se following a single-vehicle motorcycle crash but reversed his conviction for driving without a valid license, as the evidence did not support that conviction.

  • Soberanis v. The State

    Publication Date: 2018-05-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Brian Hobbs (Elwart & Hobbs), Marietta; Debra Jefferson (Attorney at Law), Lawrenceville; Jorge Soberanis, Jackson, for appellant.
    for defendant: Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Shannon Wallace (District Attorney), Canton, for appellee.

    Case Number: A17A1578

    Pro Se Defendant's Appeal Was Nullity Where He Was Still Represented by Counsel When He Filed Appeal

  • Handberry v. Stuckey Timberland, Inc.

    Publication Date: 2018-04-26
    Practice Area: Personal Injury | Premises Liability | Wrongful Death
    Industry: Agriculture | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Caleb Walker (Katherine L. McArthur, LLC), Macon; Katherine McArthur (McArthur Law Firm), Macon, for appellant.
    for defendant: Paul Fields, Gregory Mast (Fields Howell Athans & McLaughlin LLP), Atlanta; Brandon Oren (Jones Cork & Miller LLP), Macon; Kamber Burke (Fields Howell LLP), Atlanta, for appellant. Christopher Phillips (Hunter, Maclean, Exley & Dunn, PC.), Savannah, for amicus curiae.

    Case Number: A17A1944

    Property Lessor Was Immune from Liability to Lessee's Guest Who Entered Property for Hunting Purposes

  • Ngo v. The State

    Publication Date: 2018-03-23
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Scott Semrau (Attorney at Law), Phu Ngo (Calhoun State Prison), Morgan, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Anthony Volkodav (Assistant District Attorney), Lawrenceville, for appellee.

    Case Number: A17A1846

    Trial Court Erred in Neither Providing Counsel to Defendant Who Sought to Withdraw Plea Nor Inquiring Whether He Had Waived Counsel

  • Cherry v. The State

    Publication Date: 2018-03-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Rafe Banks (Banks, Stubbs & McFarland, LLP), Cumming, for appellant.
    for defendant: William Finch (Solicitor General of Forsyth County), Cumming; Jeffrey Huong (Forsyth County Solicitor General Office), Cumming, for appellee.

    Case Number: A17A2085

    The trial court properly admitted evidence of defendant's refusal to submit to breath testing and evidence of his horizontal gaze nystagmus test in his trial for DUI.

  • Roberts et al. v. Mulkey et al.

    Publication Date: 2018-02-09
    Practice Area: Government | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Kam, Ebersbach & Lewis, Brian D. Lewis, Randy J. Ebersbach, for appellants.
    for defendant: Owen Gleaton Egan Jones & Sweeney, W. Seaborn Jones, Derrick L. Bingham, for appellees.

    Case Number: A17A1324

    In plaintiffs' personal injury suit, the trial court erred in granting summary judgment to defendant on the basis of official immunity because defendant negligently failed to perform a ministerial act and official immunity thus did not bar the suit.