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  • Lynx Real Estate Inc. v. F.A.L. Investments LLC

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jefferson M. Allen Cohen, Cooper, Estep & Allen LLC, Atlanta, for appellant. Timothy W. Haley Smith Welch Webb & White LLC, Jackson, for appellee.
    for defendant:
    Case Number: A11A1255

    The trial court erred in granting summary judgment to the defendant because genuine issues of material fact remained as to whether the plaintiff was entitled to a commission on the sale of commercia

  • Morman-Johnson v. Hathaway

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Angela Morman-Johnson, Acworth, proceeded pro se. Dennis G. Lovell Jr. and Vera M. Stock Carlock Copeland Semler & Stair LLP, Atlanta, for appellees.
    for defendant:
    Case Number: A11A1188

    The trial court did not abuse its discretion in giving the Allen charge, as the jury sent a note to the trial court on the first day of deliberations indicating that it was deadlocked 11-1 and askin

  • Villanueva v. First Am. Title Ins. Co.

    Publication Date: 2011-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Derick C. Villanueva, Atlanta, for appellants. Frederic S. Beloin and Charles W. Brown Beloin & Associates LLC, Atlanta, for appellee.
    for defendant:
    Case Number: A11A1344

    In a case of first impression, the Court held that a legal malpractice claim for financial loss, involving solely the right of property, is assig

  • Fundus America Atlanta Ltd. Partnership v. RHOC Consolidation LLC

    Publication Date: 2011-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John C. Weitnauer, William C. Massey, Candace N. Smith, Meaghan G. Boyd Alston & Bird, Richard L. Robbins, Alexa R. Ross, and Jason Alloy RobbinsFreed, Atlanta, for appellant. Michael B. Terry, Timothy S. Rigsbee, and Ronan P. Doherty Bondurant, Mixson & Elmore, Atlanta, for appellees.
    for defendant:
    Case Number: A11A1496

    A lease assignment agreement incorporating an estoppel certificate and containing an integration clause foreclosed the landlord's breach of contract claims, as a party can agree to be estopped under

  • Donald v. State

    Publication Date: 2011-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Brandon Lewis, Norcross, for appellant. Tracy G. Lawson, District Attorney, and Billy J. Dixon, Assistant District Attorney, Jonesboro, for appellee.
    for defendant:
    Case Number: A11A1438

    The evidence, including eyewitness testimony identifying the defendant as the gunman who robbed a fast food restaurant and its employees before shooting one victim, supported his convictions for bu

  • Jones v. Fayette Family Dental Care Inc.

    Publication Date: 2011-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Adam P. Taylor, Atlanta, for appellants. Justin B. Connell, Douglas J. Miller Elarbee Thompson Sapp & Wilson LLP, Atlanta, and Larry J. Overman II, Fayetteville, for appellees.
    for defendant:
    Case Number: A11A1472

    The plaintiff failed to show that she suffered severe emotional distress as a result of seeing her employer masturbating in a hallway of his dental pra

  • Boatner v. State

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Clarence R. Patton, Rome, for appellant. Leigh E. Patterson, District Attorney, and John A. Tully District Attorney's Office, Rome, for appellee.
    for defendant:
    Case Number: A11A0851

    The evidence did not support a finding that the defendant probationer possessed the rifle found leaning against the front porch of his trailer, as something more than mere spatial proximity must lin

  • Demory v. State

    Publication Date: 2011-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Travis A. Williams, H. Bradford Morris Jr. and Larry L. Duttweiler Public Defender's Office, Gainesville, for appellant. Lee Darragh, District Attorney, Wanda L. Vance and Kelley M. Robertson, Assistant District Attorneys, Gainesville, for appellee.
    for defendant:
    Case Number: A11A1071

    The trial court did not clearly err in finding that the prosecutor did not intend to goad the defense into seeking a mistrial, and thus did not err in denying the defendant's plea of double jeo

  • Simons v. State

    Publication Date: 2011-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Jennifer R. Burns Public Defender's Office, Savannah, for appellant. Larry Chisolm, District Attorney, David E. Perry, Chief Assistant District Attorney, and Anna Guardino District Attorney's Office, Savannah, for appellee.
    for defendant:
    Case Number: A11A1026

    Evidence of the defendant's prior drug use was relevant and admissible at her trial for ro by sudden snatching because it showed her motive to participate in the ro

  • Tunali v. State

    Publication Date: 2011-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant. Nina M. Baker, Solicitor General, and Julian A. Mack Solicitor General's Office, LaGrange, for appellee.
    for defendant:
    Case Number: A11A1158

    The Department of Public Safety rules at issue were subject to judicial notice because they were promulgated pursuant to the Georgia Administrative Procedur