• The Mayor And Aldermen of The City of Garden City v. Harris et al.

    Publication Date: 2018-10-17
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Patrick O'Connor, David Mullens, (Oliver Maner LLP), Savannah, for appellant.
    for defendant: Christopher Britt, Jeremy McKenzie, (Karsman, McKenzie & Hart), Savannah, for appellee.

    Case Number: A16A0945

    Recreational facility owner is shielded from liability to persons who use the facility for free

  • Wildes v. Clark

    Publication Date: 2018-10-09
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Robert Stokely, (Robert Stokely, LLC), Sharpsburg, for appellant.
    for defendant: John Husser, (John S. Husser, P.C.), Rome, for appellee.

    Case Number: A18A0914

    Protective order against husband reversed because trial court abused its discretion

  • Aguirre-Gomez v. The State

    Publication Date: 2018-10-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Craig Oakes, (Attorney At Law), Suwanee, for appellant.
    for defendant: Matthew Cavedon, Gainesville, for appellee. Lee Darragh, Shiv Sachdeva, (District Attorney, Nejc of Ga Northeastern Judicial Circuit), Gainesville, for Other Party.

    Case Number: A18A1259

    Incorrect Jury Instructions Lead to Reversal of Conviction for Reckless Conduct and Firearms Possession

  • 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.