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  • The Martha K. Wayt Trust v. City of Cumming

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Richard N. Hubert and Nicholas S. Papleacos Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: . Dana B. Miles and Kevin J. Tallant Miles Patterson Hansford Tallant LLC, Cumming, for appellee.
    Case Number: A10A1137

    The trial court did not err in ruling inadmissible the appellants' witness's testimony concerning the estimate for the cost to build a bridge over a waterway to cure the appellants' lost usage, afte

  • In the Interest of K.P., a Child

    Publication Date: 2010-09-10
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Renata M. Newbill-Jallow, Public Defender, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, and Kathy A. Bradley, Assistant District Attorney, Statesboro, for appellee.
    Case Number: A10A1358

    In light of the juvenile's extensive past history with the juvenile system, his lack of rehabilitation and his self-imposed emancipation from his parents, the juvenile court did not abuse its discre

  • Bridges v. Wooten

    Publication Date: 2010-09-10
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Robert K. Prater, Newnan, for appellant.
    for defendant: David L. Wooten, Margaret E. Wooten and Eric L. Wooten, Roanoke, Ala., proceeded pro se.
    Case Number: A10A0782

    O.C.G.A. § 51-1-6, upon which the plaintiff relied to establish two defendants' liability, does not create a remedy for the violation of O.C.G.A. § 19-10-1, the criminal statute which prohibits aban

  • Newsome v. Johnson

    Publication Date: 2010-08-27
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Tavis L. Knighten and Mary K. Durant, Atlanta, for appellant.
    for defendant: Ben B. Philips, Stephen J. Hodges and Brian M. Worstell Philips Branch, Columbus, for appellee.
    Case Number: A10A1017

    The trial erred in refusing to allow the defendant to make discovery on the issue of damages, since this issue remained pending for trial following entry of a default judgment on the issue of liab

  • Watts v. State

    Publication Date: 2010-07-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Brian K. Ross, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Melanie M. Bell, Assistant District Attorney, Covington, for appellee.
    Case Number: A10A1383

    Defense counsel's decision not to impeach the defendant's wife with evidence of her prior convictions was a matter of trial ta

  • Fedak v. State

    Publication Date: 2010-06-25
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Herman M. Kilgore and Kimberly K. Frye, Marietta, for appellant.
    for defendant: Garry T. Moss, District Attorney, Patricia G. Hull and J. Clifford Head, Assistant District Attorneys, Canton, for appellee.
    Case Number: A10A0926

    Defense counsel was deficient in failing to investigate what evidence was available to support a lack-of-intent defense on charges that the defendant violated Georgia's peeping Tom statute, and in s

  • In the Interest of K.L.

    Publication Date: 2010-04-30
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: James J. Anagnostakis, Douglasville, for appellant.
    for defendant: Barry H. Wood, Douglasville, for appellee.
    Case Number: A10A0813

    The juvenile court erred in concluding that a 10-day adjudication was not ripe on grounds that no probable /detention hearing had been held, because the juvenile court necessarily found probabl

  • Bruce v. State

    Publication Date: 2010-03-12
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Monte K. Davis, Roswell, for appellant.
    for defendant: Charles A. Spahos, Solicitor General, and Jefferson F. Upchurch, Assistant Solicitor General, McDonough, for appellee.
    Case Number: A09A2111

    In the absence of a transcript, the trial court presumably ruled correctly in granting a mistrial after finding that the cross-examination of a s witness prejudiced the

  • In the Interest of D.M.K.

    Publication Date: 2010-02-19
    Practice Area:
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Jason K. Hoffman, Tifton, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Kathryn A. Fox, Atlanta, and Render M. Heard Jr. Carter & Richbourg LLP, Tifton, for appellee.
    Case Number: A09A2003

    The juvenile court was authorized to find that the minor's deprivation was likely to continue, if he was returned to mother, in light of her failure to comply with her reunification case plan and h

  • Wilson v. McNeely

    Publication Date: 2010-02-19
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rodney K. Wilson, Swainsboro, for appellant.
    for defendant: Charles H. Brown and Laura H. Wheaton, Brown Rountree PC, Statesboro, for appellee.
    Case Number: A09A2346

    The plaintiff's failure to supplement discovery responses and to submit his portion of a pre-trial order did not dismissal of his complaint with prej