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  • Harris v. Holder Constr. Co.

    Publication Date: 2013-07-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Albert Yates Kaufman Law PC, Atlanta, for appellant.
    for defendant: Dawn Pettigrew and G. Melton Mobley Lokey, Mobley and Doyle LLP, Atlanta, for appellees.
    Case Number: A13A0224

    The trial court properly granted summary judgment to the defendants on the plaintiff's negligence claim arising from her fall while walking across a carpet that was covering a hole in the sub-floori

  • Rudison v. State

    Publication Date: 2013-06-24
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: David Walker, Decatur, for appellant.
    for defendant: Robert James, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for appellee.
    Case Number: A13A0510

    The trial court did not err in instructing the jury to continue deliberations after being informed that the jurors could not reach an agreement, as the failure to reiterate that a juror should not s

  • Sherman v. Dickey

    Publication Date: 2013-06-19
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    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Jeremy Citron, Atlanta, for appellant.
    for defendant: . Jonathan Adelman Harper Waldon & Craig, Atlanta, for appellees.
    Case Number: A13A0787

    The trial court lacked the authority to grant an award of attorneys' fees at the summary judgment stage of litigation pursuant to O.C.G.A. § 13

  • Ogletree v. State

    Publication Date: 2013-06-10
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jennifer Trieshmann Public Defender's Office, Carrollton, for appellant.
    for defendant: Peter Skandalakis, District Attorney, Newnan, and Carter Bendinger, LaGrange, for appellee.
    Case Number: A13A0373

    The prosecutor's unanswered question to the defendant at his trial for child molestation, enticing a child for indecent purposes and sexual battery regarding his visit to a psychosexual behavior th

  • Harris v. State

    Publication Date: 2013-06-05
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    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: David Marshall, Marietta, for appellant.
    for defendant: Layla Zon, District Attorney, and Melanie Bell, Assistant District Attorney, Covington, for appellee.
    Case Number: A13A0808; A13A0809

    The trial court did not violate the defendant's right to a fair trial in prohibiting defense counsel from cross-examining an investigator regarding the birth dates of the individuals in a photograph

  • Tipton v. State of Ga.

    Publication Date: 2013-05-29
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John Morrison, Soperton, for appellant.
    for defendant: Samuel Altman, District Attorney, and Tony May, Assistant District Attorney, Swainsboro, for appellee.
    Case Number: A13A0198

    The record did not show wheth trial court performed the required detailed analysis to determine wheth forfeiture of the defendant's vehicle to the State constituted an excessive fine af

  • Myers v. State

    Publication Date: 2013-05-07
    Practice Area:
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    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: David Lumpkin Public Defender's Office, Cartersville, for appellant.
    for defendant: Thomas Campbell, Rosemary Greene, District Attorneys, and Jana Allen District Attorney's Office, Cartersville, for appellee.
    Case Number: A13A0544

    Officers had a right to enter a hotel parking lot and had a legitimate reason for approaching the defendant's vehicle where they observed stolen merchandise in plain

  • Vega v. State

    Publication Date: 2013-05-07
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    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Lawrence Daniel, Atlanta, for appellant.
    for defendant: James McDade, District Attorney, James Dooley, Assistant District Attorney, and Emily Richardson District Attorney's Office, Douglasville, for appellee.
    Case Number: A13A0673

    The circumstantial evidence was sufficient to demonstrate that the defendant—the driver and sole occupant of the vehicle in which an officer found a large quantity of cocaine—had possession and con

  • Facility Invs. LP v. Homeland Ins. Co. of N.Y.

    Publication Date: 2013-04-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Scott Bertschi Arnall, Golden & Gregory, Atlanta, for appellant.
    for defendant: . Kenan Loomis Cozen O'Connor, Atlanta, for appellee.
    Case Number: A12A2377

    The insurance company waived its right to recoup amounts it paid to resolve claims against the insured that were not covered under the insurance policy when it made the payment with knowledge of the

  • God's Hope Builders Inc. v. Mount Zion Baptist Church of Oxford, Ga. Inc.

    Publication Date: 2013-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Robert Stansfield, Covington, for appellant.
    for defendant: . Michael Waldrop Waldrop & Bootcheck LLC, Conyers, for appellees.
    Case Number: A12A2202; A12A2251; A12A2252

    The record was insufficient to allow the trial court to determine the threshold issue of whether the plaintiffs represented a majority of the church membership and thus had standing to contest the d