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  • Sirdah v. North Springs Assocs. LLLP

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Donald C. Suessmith Jr. McCurdy & Candler, Decatur, Salmeh K. Fodor, Alicia C. King and Bijan Kasraie Marchman Kasraie LLC, Atlanta, for appellant.
    for defendant: J. Bertram Levy Fina & Block Attorneys, Atlanta, Isidor J. Kim Kim & Yang LLC, Duluth, for appellee.
    Case Number: A10A0329

    The general rule is that the duty to mitigate damages set forth in O.C.G.A. § 13-6-5 does not apply to lease cont

  • Rucker v. State

    Publication Date: 2010-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Angela B. Dillon, Norcross, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amelia G. Pray and Albert T. Reeves Jr., Assistant District Attorneys, Marietta, for appellee.
    Case Number: A10A0704

    The defendant failed to satisfy his burden of proving ' "an infringement of his rights or a procedural irregularity" ' with regard to his prior plea to cocaine possession, after the state proved the

  • Jones v. State

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Daniel D. Morgan, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and John A. Tully District Attorney's Office, Rome, for appellee.
    Case Number: A10A1298

    The state was not required to show that the defendant knew he was within 1,000 feet of public housing to support a conviction under OCGA § 16-13

  • Arnold v. State

    Publication Date: 2010-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen R. Scarborough, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Albert T. Reeves Jr. and Dana J. Norman, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A10A0410

    The trial court properly denied the defendant's motion to suppress, because police officers were authorized to handcuff the defendant and pat him down for weapons, since the defendant behaved in a t

  • 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:
    Industry:
    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