News

Court properly ordered husband to pay car payments on minor child’s vehicle as it was marital debt, not child support

June 10, 2015

Partridge v. Partridge, S15F0039 Supreme Court of Georgia, Civil Case (6/1/2015, 6/9/2015) The trial court properly ordered husband to pay the car payments on the minor child’s vehicle as part of its final decree in the parties’ divorce, since husband . . .

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News

Evidence of a prior conviction may be relevant under O.C.G.A. § 24-4-404 subsection (b)

June 4, 2015

State v. Jones, S14G1061 Supreme Court of Georgia, Criminal Case (6/1/2015, 6/3/2015) Evidence of a prior conviction may be relevant under O.C.G.A. § 24-4-404 subsection (b), without regard to whether the charged crime is one requiring a specific or general . . .

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News

Court improperly declined motion to suppress statements made after defendant invoked right to remain silent

June 4, 2015

  Chavez-Ortega v. State, A14A2188 Georgia Court of Appeals, Criminal Case (3/24/2015, 5/6/2015) The defendant was “in custody” when he invoked his right to remain silent, but the police nonetheless continued to question him, which led to the incriminating statements . . .

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News

Court holds that detection of odor of marijuana is sufficient for issuance of a search warrant

June 4, 2015

State v. Kazmierczak, A14A2046 Georgia Court of Appeals, Criminal Case (3/30/2015, 6/2/2015) The presence of an odor of marijuana emanating from a specified location may be the sole basis for the issuance of a search warrant if the affidavit for . . .

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News

Appeals Court affirms conviction, holding that jury charges were correct

May 27, 2015

Langston v. The State, A93A0135. Court of Appeals of Georgia, 1993 Langston was convicted of possession of cocaine with intent to distribute, OCGA § 16-13-30 (b), and his motion for new trial was denied.  He contends that the evidence at trial . . .

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News

Appeals court tosses DUI conviction on grounds that police checkpoint was unlawful

May 27, 2015

Armentrout v. State, A15A0093 Georgia Court of Appeals Relying on prior decisions by the U.S. and Georgia high courts, the Georgia Court of Appeals in its May 15 decision faulted the state for failing to prove that the Johns Creek . . .

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News

Court of Appeals vacated judgment granting grandmother’s petition for custody

May 18, 2015

Floyd v. Gibson, A14A1655 Georgia Court of Appeals, Civil Case (3/19/2015, 4/16/2015) It was not apparent from the trial court’s order whether it made the requisite findings in awarding custody of three minor children to their grandmother. The Court of . . .

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News

Court of Appeals reversed grant of summary judgment in breach of contract suit due to ambigous maintenance agreement

May 18, 2015

Carnett’s Props. LLC v. JoWayne LLC, A14A1604 Georgia Court of Appeals, Civil Case (3/19/2015, 4/16/2015) The trial court erred in concluding that the language of a maintenance agreement between two entities related to storm water runoff and water detention was . . .

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News

Probate court erred in dismissing petition to terminate guardianship and conservatorship without a hearing

May 18, 2015

In Re: Loftus, A14A2038 Georgia Court of Appeals, Civil Case (3/19/2015, 4/20/2015) The probate court erred in dismissing the petition to terminate guardianship and conservatorship and restore the ward’s rights without holding a hearing. The Court of Appeals reversed the . . .

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News

Bank’s Right to Recover: Court of Appeals affirmed grant of summary judgment

May 18, 2015

Hildebrand v. Bank of Am. NA, A14A1956 Georgia Court of Appeals, Civil Case (3/19/2015, 4/20/2015) The two loans at issue were not “inextricably intertwined” such that one creditor’s failure to obtain conformation of a non-judicial foreclosure barred the second creditor’s . . .

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News

Appeals Court cites statute of limitations question in reversal of summary judgment in estate dispute

May 15, 2015

In Re: Estate of John M. Wade, A14A2013 Georgia Court of Appeals, Civil Case (3/25/2015, 5/11/2015) A question of fact remained as to when the statute of limitations began to run on the appellant’s action for an accounting of her . . .

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News

Trial court erred in granting motions to suppress evidence seized pursuant to valid search warrants

May 15, 2015

State v. Kaulbach, A14A1492 Georgia Court of Appeals, Criminal Case (3/27/2015, 5/12/2015) The trial court erred in granting the defendants’ motions to suppress evidence seized pursuant to valid search warrants. The Court of Appeals reversed the grant of Suzanne Kaulbach’s . . .

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News

Supreme Court affirmed order directing father to reimburse ex-wife for daughter’s college expenses pursuant to final divorce decree

May 15, 2015

Mims v. Mims, S15A0106 Supreme Court of Georgia, Civil Case (5/11/2015, 5/14/2015) Husband was obligated to pay daughter’s college expenses, since she had attended school full time as contemplated by the settlement agreement incorporated into the parties’ final divorce decree. . . .

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News

Supreme Court affirmed the denial of motion for leave to file an out-of-time appeal

May 12, 2015

Freeman v. State, S15A0316 Supreme Court of Georgia, Criminal Case (4/20/2015, 4/24/2015) The trial court properly denied the defendant’s motion for leave to file an out-of-time appeal, which he filed over 18 years after the entry of his guilty plea. . . .

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News

Court of Appeals reversed partial grant of summary judgment because evidence raised question of quid pro quo agreement

May 12, 2015

Netsoft Assocs. Inc. v. Flairsoft Ltd., A14A2246 Georgia Court of Appeals, Civil Case (3/19/2015, 4/27/2015) The evidence raised a question of fact as to whether the parties reached a quid pro quo agreement through their course of conduct and summary . . .

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News

Court of Appeals affirms grant of summary judgment in breach of personal guaranty suit

May 12, 2015

Roberts v. Community & S. Bank, A14A2258 Georgia Court of Appeals, Civil Case (3/19/2015, 4/27/2015) The Court of Appeals affirmed the grant of summary judgment to Community & Southern Bank in its suit for breach of a personal guaranty against . . .

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News

Georgia Supreme Court ruling on Motion to Supress DUI blood test results could forever change State’s DUI laws

May 11, 2015

Williams v. State, S14A1625 Supreme Court of Georgia, Criminal Case (3/27/2015, 4/1/2015) The trial court erred in denying the defendant’s motion to suppress the results of a state-administered DUI blood test without addressing whether he gave actual consent to the . . .

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News

Court of Appeals reverses trial court’s grant of summary judgment

May 1, 2015

Elekima v. Abbey Road Condominium Ass’n Inc., A14A2224 Georgia Court of Appeals, Civil Case (3/19/2015, 4/27/2015)   The plaintiff’s constructive eviction claim was a permissive, not compulsory, counterclaim, and the trial court erred in granting summary judgment to the defendant . . .

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News

Dog Bite Claim: Trial court erred in jury instruction

May 1, 2015

Cowan v. Carillo, A14A2330 Georgia Court of Appeals, Civil Case (3/19/2015, 4/28/2015) The trial court erred in instructing the jury that the defendants were negligent and that the only issue for determination was damages, since the plaintiffs had not established . . .

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Employment Law Briefing

November 1, 2014

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The Estate Planner

September 1, 2014

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Employment Law Briefing

September 1, 2014

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Health Care Management Advisor

July 15, 2014

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The Estate Planner

July 15, 2014

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Employment Law Briefing

July 15, 2014

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