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  • Allen v. Santana

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Edward R. Downs Jr., Riverdale, for appellant.
    for defendant: Stephanie S. Moore, Riverdale, for appellee.
    Case Number: A10A0717

    Res judicata did not bar the appellee's suit for a writ of possession to a vehicle or his suit to collect on a secured debt, because no court of competent jurisdiction previously adjudicated the me

  • Beach v. B.F. Saul Property Co.

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Joe A. Weeks, Avondale Estates, for appellant.
    for defendant: . Joseph D. Perrotta, Alpharetta, for appellee.
    Case Number: A09A1770

    Summary judgment was improper in the instant case, in light of witness' testimony that an elevator had malfunctioned in the past and the building owner's own re

  • Lamb v. Javed

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Wayne Grant, Kimberly W. Grant Wayne Grant PC, and L. Lin Wood Jr. Powell Goldstein LLP, Atlanta, for appellant.
    for defendant: . Hunter S. Allen Jr., Simuel F. Doster Jr. and Gary R. McCain Allen McCain & O'Mahony PC, and Ashley D. Phillips Hall Booth Smith & Slover PC, Atlanta, for appellees.
    Case Number: A09A2234

    The trial s judgment should not be disturbed, because the plaintiffs did not show any error or basis for reversal, nor any error in the transfer of the case to the trial

  • Turner Broadcasting System Inc. v. David McDavid

    Publication Date: 2010-04-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: James A. Lamberth Troutman Sanders, Atlanta, and Thomas G. Hungar Gibson, Dunn & Crutcher LLP, Washington, D.C., for appellant.
    for defendant: Steven J. Rosenwasser, Joshua F. Thorpe and Jill Pryor Bondurant Mixson & Elmore, Atlanta, for appellee. Other party representation: Hugh B. McNatt Balch & Bingham and Jeffrey J. Swart Alston & Bird LLP, Atlanta.
    Case Number: A09A2314

    There was sufficient evidence for the jury to find an enforceable oral contract, since the defendant made many objective manifestations of intent to be bound, including statements such as we have a

  • Clarke v. Freeman

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Andrew M. Scherffius III, Gregory R. Eagle Andrew M. Scherffius PC, Atlanta, and Randy J. Ebersbach Kam, Ebersbach & Lewis, Newnan, for appellant.
    for defendant: . Robert D. Ware, Meka B. Ward County Attorney's Office, Ralph I. Knowles Jr., Sheryl L. McCalla Doffermyre, Shields, Canfield, Knowles & Devine, Theodore Freeman, Freeman Mathis & Gary LLP, Matthew R. LaVallee Daley, Koster & LaVallee, Atlanta, William T. Mitchell, Karen E. Woodward Cruser & Mitchell, Norcross, Jack R. Hancock and Pamela F. Everett Freeman Mathis & Gary LLP, Forest Park, for appellees. Other party representation: Terry E. Williams, Jason C. Waymire, Buford, Jolanda E. Herring Hollowell Foster & Herring PC, Douglas R. Kertscher Hill, Kertscher & Wharton LLP, Tiffany C. Sellers, Thomas G. Sampson Thomas, Kennedy, Sampson & Tompkins, Coy J. Johnson Jr. County Attorney's Office, James E. Dearing Jr., Atlanta, and Paul I. Hotchkiss Freeman Mathis & Gary LLP, Forest Park.
    Case Number: A09A2339, A09A2340

    The trial court erred in dismissing the appellants' emotional distress claims, because the defendants were aware either of a specific threat to employees in the judge's chambers or of the weapon tha

  • Head v. State

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Douglas C. Vassy, Solicitor General, Carrollton, for appellee.
    Case Number: A09A2039

    The evidence was insufficient to support the defendant's DUI-less safe conviction, because the state did not show that the presence of a cocaine metabolite and Alprazolam in the defendant's blood r

  • Semega v. State

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Shamsideen O. Laguda, Atlanta, and Francis O. Kadiri, Stone Mountain, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn District Attorney's Office, Decatur, for appellee.
    Case Number: A09A2255

    The trial court erred in replacing a holdout juror, who did not agree with other jurors on the defendant's

  • Allen v. State

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Charles A. Jones Jr. Jones Appellate Law Practice PC, Athens, and Jonathan L. Sharpley, Atlanta, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, Durwood R. Davis, Rindi L. Harbeson, Assistant District Attorneys, and Kevin R. Majeska District Attorney's Office, Thomson, for appellee.
    Case Number: A09A1983

    Defendant's new ineffective assistance claims were procedurally b

  • Allen v. State

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jeffery A. Rothman Daniels & Rothman PC, Athens, for appellant.
    for defendant: Carroll R. Chisholm Jr., Solicitor General, and Markus Boenig Solicitor General's Office, Athens, for appellee.
    Case Number: A09A1737

    The trial court was authorized to conclude that the prosecutor's burden-shifting opening statement was not intentional and the state was not trying to goad defendant into moving for a mistrial in o

  • Dobbs v. State

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jason W. Swindle Drummond & Swindle and Maryellen Simmons, Assistant Chief Public Defender, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Anne C. Allen and David P. Taylor, Assistant District Attorneys, Carrollton, for appellee.
    Case Number: A10A0494

    The trial court erred in sentencing defendant as a recidivist, because the state did not introduce any evidence that he had previously pled guilty or been convicted of any