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  • Dickson v. State

    Publication Date: 2006-09-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Stephen M. Gray, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A06A0931

    The defendant did not have adequate opportunity to cross-examine his deceased father about his pre-trial statement to an investigator at his bond hearing, which dealt with other issues and involved

  • Gladowski v. Department of Family and Children Servs.

    Publication Date: 2006-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Victoria L. Collier, Decatur, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Michelle Townes, Assistant Attorney General, and Neal B. Childers, General Counsel, Atlanta, for appellee.
    Case Number: A06A1706

    The Civil Practice Act's 3-day rule, which adds three days to the prescribed periods after service of notices or papers other than process, does not apply to appeals of administrative deci

  • Lockhart v. Marine Manufacturing Corp.

    Publication Date: 2006-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Ben B. Mills Jr. Mills & Chasteen PC, Fitzgerald, for appellant.
    for defendant: Robert H. Preston, Douglas, and Wallace E. Harrell Gilbert, Harrell, Sumerford & Martin PC, Brunswick, for appellees.
    Case Number: A06A1888

    The racist and insulting comments, which defendant's employees made to the plaintiff on four occasions, did not constitute extreme and outrageous co

  • Harris v. State

    Publication Date: 2006-06-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Maria Murcier-Ashley, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amelia G. Pray and Charles P. Boring, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A06A0654

    The state proved venue in Cobb c for the aggravated sexual battery charge, since the evidence established that the vehicle in which the crime occurred traveled through that c

  • Tant v. Purdue

    Publication Date: 2006-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: S. Lester Tate III and William M. Akin Akin & Tate, Marietta, for appellant.
    for defendant: Mark A. Adelman, Marietta, for appellees.
    Case Number: A06A0821

    The individual defendant was performing a discretionary act, when he concluded from his police investigation that the plaintiff drove recklessly and under the influence on the night he was involved

  • State v. Stafford

    Publication Date: 2006-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Spencer Lawton Jr., District Attorney, and Nancy G. Smith, Assistant District Attorney, Savannah, for appellant.
    for defendant: Michael L. Edwards Public Defender's Office, Savannah, for appellee.
    Case Number: A05A1849

    In the absence of prejudice, the state's failure to sign or date the copy of the search warrant it left with the defendant was a "technical" violation of O.C.G.A. § 17-5-25, which did not constitute

  • Trax-Fax Inc. v. Hobba

    Publication Date: 2006-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Donald M. Shivers Shivers & Assocs., Alpharetta, for appellant.
    for defendant: . S. Lester Tate III Akin & Tate and William F. Kelley The Kelley Law Firm, Cartersville, for appellee. Other party representation: Lee Southwell State Bd. of Workers' Comp., Atlanta.
    Case Number: A06A0397

    The any evidence standard did not apply to the superior court's legal interpret of O.C.G.A. § 34-9-245 as a statute of repose, rather than as a statute of limit

  • Young v. Oak Leaf Builders Inc.

    Publication Date: 2006-02-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Leon A. Van Gelderen and Stephen M. Levinson Leon Van Gelderen PC, Atlanta, for appellant.
    for defendant: . Larry E. Stewart, Lawrenceville, for appellees.
    Case Number: A05A1920

    A factual question remained as to whether the plaintiffs intended to waive their right to demand workmanlike performance on the construction of their new home when they proceeding with the closing,

  • Thornton v. Mankovitch

    Publication Date: 2006-01-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: James T. McDonald Jr. and Jamie P. Woodard Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellant.
    for defendant: . Roy B. Roberts, Marietta, for appellees.
    Case Number: A05A2003

    The plaintiff lacked standing to sue, since the Chapter 7 bankruptcy trustee's settlement of the estate resulted in the corporation becoming de

  • Rucker v. State

    Publication Date: 2005-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Anthony S. Carter, Monroe, and John T. Strauss, Newton County Pub. Defender, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Candace K. Slezak, Assistant District Attorney, Monroe, for appellee.
    Case Number: A05A1743

    The known but untested informant did not provide any information concerning the defendant's future behavior to support the officer's traffic