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  • Flores v. Keener

    Publication Date: 2010-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Lawrence L. Bennett Jr., Atlanta, for appellant.
    for defendant: David H. Moskowitz Moskowitz & Carraway, Atlanta, Joseph T. Leman Harris & Hartman Law Firm PC, Dalton, and S. Lester Tate III Akin & Tate, Cartersville, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Compensation, Atlanta.
    Case Number: A10A0583

    The Court of Appeals reinstated the Appellate Division's judgment allocating attorneys' fees from a workers' compensation settlement between the claimant's former attorney and the attorney, who obta

  • BDI Laguna Holdings, Inc. v. Marsh

    Publication Date: 2010-01-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Tiana S. Mykkeltvedt, Jeffrey O. Bramlett, Corey F. Hirokawa, Frank M. Lowrey IV Bondurant, Mixson & Elmore LLP, Atlanta, David A. Donohoe and Daniel F. McInnis Akin, Gump, Strauss, Hauer & Feld, LLP, Washington, D.C., for BDI Laguna Holdings Inc. Steven G. Hall, Robert G. Brazier and Kevin A. Stine Baker, Donelson, Bearman, Caldwell & Berkowitz PC, Atlanta, for Charles L. Marsh. Other party representation: Ellen G. Schlossberg and Charles C. Murphy Jr. Vaughan & Murphy, Atlanta.
    for defendant:
    Case Number: A09A0990, A09A0991

    No consideration from the plaintiff supported a post-employment-contract promise to the plaintiff of 2 percent of the corporation's

  • Bonner v. Peterson

    Publication Date: 2009-12-31
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Edwin A. Wilson Randolph Frails PC, Augusta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Claude M. Sitton, Assistant Attorney General, Vincent A. Toreno and Parker M. Green Rutherford & Christie LLP, Atlanta, for appellees.
    Case Number: A09A1644

    The second defendant, a resident physician, was entitled to immunity under the Georgia Tort Claims Act, because she was supervised by attending physicians, had no hospital privileges, could not make

  • Pyburn v. State

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Grayson P. Lane Brunswick Circuit Defender's Office, Brunswick, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, and Charles K. Higgins, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A09A1486

    The defendant had a sexual relationship with his biological and adoptive daughter, which resulted in five chi

  • Laytart v. State

    Publication Date: 2009-12-18
    Practice Area:
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Amanda N. Steger Public Defender's Office, Perry, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Venita S. McCoy, Assistant District Attorney, Perry, for appellee.
    Case Number: A09A0955

    The defendant had sufficient notice of his probation cond , even though the term sex offender treatment was not further explained in the final dispos

  • Miller v. State

    Publication Date: 2009-12-18
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Timothy L. Eidson Cordele Circuit Public Defender, Cordele, for appellant.
    for defendant: Denise D. Fachini, District Attorney, Cordele, for appellee.
    Case Number: A09A2405

    There is no absolute right to a state-provided transcript for use in a probation revocation he

  • OnBrand Media v. Codex Consulting, Inc.

    Publication Date: 2009-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Levi Breedlove Breedlove, Lassiter & York, LLP, Stone Mountain, for appellant.
    for defendant: Mark L. Seigel and Mitchell G. Weatherly Weatherly, Kerven & Seigel, LLC, Atlanta, for appellee.
    Case Number: A09A0867

    Middle-level scrutiny applicable to professional partnership agree applied to the parties' Non-Disclosure agree

  • U.S. Foodservice Inc. v. Bartow County Bank

    Publication Date: 2009-11-06
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Vivian N. Hudson and J. Christopher Simpson Simpson Law Offices LLP, Atlanta, for appellant.
    for defendant: William M. Akin Akin & Tate LLC, Cartersville, for appellee.
    Case Number: A09A0965

    The appellee lacked standing as a third-party beneficiary to enforce an original contract between the appellant and a food service co

  • McGregor v. Columbia Nat'l Ins. Co.

    Publication Date: 2009-07-10
    Practice Area:
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Lawrence E. Newlin and Jeffrey N. Schwartz, Atlanta, for appellant.
    for defendant: . Richard C. Foster and Anrea Alexander Hicks, Casey & Foster PC, for appellee.
    Case Number: A09A0454

    The trial court did not err in ruling that the general liability policies at issue did not provide coverage for the plaintiffs' claims, since the parties' agreement specifically set forth that the

  • Kennedy v. State

    Publication Date: 2009-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Joseph W. Jones Jr. Public Defender's Office, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Raymond C. Mayer, Assistant District Attorney, Newnan, for appellee.
    Case Number: A09A0430

    The trial court did not err in admitting evidence of the October 2005 burglary as a similar transaction, since both incidents involved smash and grab burglaries of Chevron Stations in which cigarett