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  • Edgecomb v. State

    Publication Date: 2013-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: J. Michael Treadaway, Marietta, for appellant.
    for defendant: Patrick Head, D. Victor Reynolds, District Attorneys, Allen Knox, Assistant District Attorney, and John Edwards District Attorney's Office, Marietta, for appellee.
    Case Number: A12A1823

    The trial court improperly instructed the jury on the unindicted offense of violating a family violence order as a lesser included offense of the charged crime of aggravated sta

  • Barrett v. Britt

    Publication Date: 2012-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Melanie Norvell Bovis Kyle & Burch LLC, Atlanta, for appellant.
    for defendant: . Robert Wilson Webb Tanner & Powell LLP, Lawrenceville, for appellees. Other party representation: Ned Blumenthal Weissman Nowack Curry & Wilco PC, Atlanta, Robert Hughes, Stone Mountain, J. Michael McGarity The McGarity Group LLC, Buford, and Lowell Chatham, McDonough.
    Case Number: A12A1249

    A question of fact remained as to whether certain items, which the de ts removed from the plaintiffs' property upon the termination of a leasehold, constituted equipment having to do with the d

  • Pinnacle Props. V LLC v. Mainline Supply of Atlanta LLC

    Publication Date: 2012-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Jefferson Allen and Stephen Estep Cohen Cooper Estep & Allen LLC, Atlanta, for appellant.
    for defendant: . David Cook Autry Horton & Cole LLP, Adam Caskey Clark Caskey LLC, Atlanta, Mark Hanrahan Autry Horton & Cole LLP, Tucker, and Fred Bentley, Marietta, for appellee.
    Case Number: A12A0809

    The defendant had an estate for years in the premises at issue, so that a materialman's lien could attach to and be enforced against such interest, subject to the conditions of the

  • Wellstar Health Sys. Inc. v. Sutton; Bauer v. Sutton

    Publication Date: 2012-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A1426; A121427

    The trial court did not err in denying the defendant hospital's motion to set aside the mistrial and enter judgment on the jury's decision, since the jury did not return a verdict upon which to ente

  • Thomas v. State

    Publication Date: 2012-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Lance Dutton Stearns-Montgomery & Proctor, Marietta, for appellant.
    for defendant: Thomas Campbell, District Attorney, and Jana Allen District Attorney's Office, Cartersville, for appellee.
    Case Number: A12A1188

    The trial court did not err in failing to conduct an "explicit" balancing test before concluding that the probative value of the evidence of prior difficulties between the 11-year-old child molestat

  • Lovell v. Georgia Trust Bank

    Publication Date: 2012-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Sherri Buda and Simon Bloom The Bloom Sugarman Everett LLP, Atlanta, for appellant.
    for defendant: Paul Durdaller and Amy Weber Taylor English Duma LLP, Atlanta, for appellee.
    Case Number: A12A1234

    The documents, which the defendant sought to compel in this suit to recover the principal and interest due on a promissory note, were inadmissible under the parol evidence rule, since the plaintiff

  • Johnson v. Omondi

    Publication Date: 2012-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Thomas Sampson Thomas Kennedy Sampson & Patterson, and Keith Lindsay Edmond & Lindsay LLP, Atlanta, for appellant.
    for defendant: . Jeffrey Braintwain and Michael Frankson Huff Powell & Bailey LLC, Atlanta, for appellees. Other party representation: Joshua Becker Alston & Bird LLP, Atlanta. Amicus Curiae: Simuel Doster and Hunter Allen Allen McCain & O'Mahoney PC, Atlanta.
    Case Number: A12A1347

    The evidence indisputably showed that the plaintiffs could not prove by clear and convincing evidence that the defendant doctor failed to exercise even slight care in treating their son, now decease

  • Evans v. State

    Publication Date: 2012-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: William Adams Public Defender's Office, Thomaston, for appellant.
    for defendant: Scott Ballard, District Attorney, Thomaston, Robert Smith, Assistant District Attorney, and David Younker District Attorney's Office, Fayetteville, for appellee.
    Case Number: A12A1305

    The jury was authorized to reject a hypothesis that the 60.65 grams of marijuana found at the scene with multiple small individual baggies was for the defendant's persona

  • Perlman v. Perlman

    Publication Date: 2012-11-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Wayne Keaton, Dallas, for appellant.
    for defendant: Carol Baskin Baskin & Baskin, Marietta, for appellee.
    Case Number: A12A1363

    The trial court did not abuse its discretion in denying the father's petition for family violence protective orders on behalf of his two minor daughters, as he did not show by a preponderance of the

  • Mickens v. State

    Publication Date: 2012-11-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Cerille Nassau, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Micheal D. Thurston, Senior Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A12A1190

    Evidence showed that the defendant's DNA matched that of the rape victim's attacker, the defendant's DNA profile would occur in his race group once out of 200 quadrillion people, and he had committe