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  • Fitz v. State

    Publication Date: 2005-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Stephen P. Harrison Harrison & Harrison, and Jacqualine M. Magistro-Hyde, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Atha H. Pryor, Assistant District Attorney, McDonough, for appellee.
    Case Number: A05A0974

    The officer had probable cause to continue questioning the defendant based on his extreme nervousness and the conflicting and odd answers to the officer's ques

  • Metzger v. Americredit Fin. Servs. Inc.

    Publication Date: 2005-06-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Jerome Lee Hernan, Taylor & Lee, Roswell, for appellant.
    for defendant: Craig B. Lefkoff Lefkoff, Rubin & Gleason PC, Atlanta, for appellee.
    Case Number: A05A0577

    The defendant was not entitled to summary judgment on the plaintiff's conversion claim based on its repossession of a vehicle, which the plaintiff bought without notice of the defendant's prior lien

  • Danjor Inc. v. Corporate Constr. Inc.

    Publication Date: 2005-04-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Charles F. Peebles, Norcross, Blakely H. Frye and Peter F. Schoenthaler Hill, Kertscher & Wharton LLP, Atlanta, for appellant.
    for defendant: . Samuel P. Pierce Jr., Roswell, and Tracy A. O'Connell Ellis, Painter, Ratterree & Bart LLP, Savannah, for appellees.
    Case Number: A05A0059

    The 6-year statute of limitation under O.C.G.A. § 9-3-24 applied to the plaintiffs' suit alleging that the contractor failed to make all repairs to their daycare center as required under a 1-year bu

  • Metzger v. Americredit Financial Servs. Inc.

    Publication Date: 2005-04-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Jerome Lee Hernan, Taylor & Lee, Roswell, for appellant.
    for defendant: Craig B. Lefkoff Lefkoff, Rubin & Gleason PC, Atlanta, for appellee.
    Case Number: A05A0577

    The defendant was not entitled to summary judgment on the plaintiff's conversion claim based on its repossession of a vehicle, which the plaintiff bought without notice of the defendant's prior lien

  • Lenhardt v. State

    Publication Date: 2005-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Earl D. Clark Jr., Athens, for appellant.
    for defendant: Robert Stokely, Solicitor General, Seay VanPatten-Poulakos, Chief Assistant Solicitor, Monica N. Hamlett, Assistant Solicitor, and Sandra N. Wisenbaker Coweta County Solicitor's Office, Newnan, for appellee.
    Case Number: A04A2099

    The arresting officer acted reasonably in refusi defendant's request for an independent blood test at a hospital in downtown Atlanta, given the significant time and distance involved in travel

  • Carswell v. Oconee Reg'l Med. Ctr. Inc.

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Donald R. Oulsnam, Milledgeville, and Travis M. Trimble, Athens, for appellant.
    for defendant: Thomas W. Huyck, Stephen L. Dillard and Thomas C. James III James, Bates, Pope & Spivey, Macon, for appellee.
    Case Number: A04A1311

    The statute of limitation began to run following a doctor's first breach of a divisible guaranteed monthly income con

  • Taylor v. Howren

    Publication Date: 2004-10-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: William M. Akin Akin & Tate LLC, Cartersville, for appellant.
    for defendant: William H. Major III Hawkins & Parnell, Atlanta, for appellee.
    Case Number: A04A2280

    The plaintiff did not as a matter of law assume the risk of his injuries while riding a where the defendant allegedly told him the "green broke" was a "good, rideable"

  • Georgia Elec. Membership Corp. v. Garnto

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: S. Lester Tate III Akin & Tate, Cartersville, for appellant.
    for defendant: Bobby T. Jones Jones & Smith PC, Metter, and Samantha J. Poppell Hall & Kirkland, Statesboro, for appellee. Other party representation: Scott C. Crowley and Terry A. Dillard Dillard, Bower & Crowley, Waycross.
    Case Number: A03A2451

    The employer failed to present any evidence showing that its injured employee was fully and completely compensated when he settled his third-party tort action for damages arising out of an automobil

  • Grange Mut. Cas. Co. v. Kay

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: William A. Myers Myers & Stroberg, Gainesville, for Grange Mut. Cas. Co. Stephen C. Carter, Hartwell, for Kay.
    for defendant:
    Case Number: A03A1334; A03A1335

    The trial court erred in awarding prejudgment interest beginning from the date the probate court "could" have approved the settlement agreement at issue rather than the date the probate court issued

  • In the Interest of A. L. S. S., a child

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Brantley J. Swindell McCullough & Swindell, Glennville, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, and Sherri P. McDonald Newtton, Smith, Durden, Kaufold & Rice, Vidalia, for appellee. Other party representation: Carol B. Miller, Pembroke.
    Case Number: A03A0953

    The putative father's criminal conviction, his near continuous incarceration during the child's life and his failure to comply with reunification plans supported the termination of his parental r